Robert Hunter v Secretary of State for Levelling Up, Housing & Communities & Anor

The Inspector's conclusion that the claimant failed to demonstrate financial viability was lawful, rational, and based on an objective assessment of the evidence. No procedural unfairness occurred. The claim failed on the sole permitted ground.

Parties: Claimant: Robert Hunter; First Defendant: Secretary of State for Levelling Up, Housing & Communities; Second Defendant: Buckinghamshire Council
Jurisdiction: England and Wales
Judgment Date: 11 September 2024
Procedural Posture: Judicial Review / Final Judgment
Outcome: Claim dismissed
Legal Topics: Financial Viability of Rural Worker Dwellings, Interpretation of Local Planning Policy, Procedural Fairness in Planning Appeals

Planning Law Administrative Law Financial Viability of Rural Worker Dwellings Interpretation of Local Planning Policy Procedural Fairness in Planning Appeals

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Parties

Robert Hunter

Claimant

Secretary of State for Levelling Up, Housing & Communities

First Defendant

Buckinghamshire Council

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether the Planning Inspector lawfully concluded that the claimant failed to establish the financial viability of his business as required by planning policy H3
2 Whether procedural unfairness occurred due to late introduction of evidence regarding agricultural wage

Ratio Decidendi

Court Disposition

Claim dismissed