Marney, R (on the application of) v Secretary of State for Transport Environment and the Regions & Anor [2003] EWHC 226 (Admin) (04 February 2003)

Marney, R (on the application of) v Secretary of State for Transport Environment and the Regions & Anor [2003] EWHC 226 (Admin) (04 February 2003)

The inspector lawfully dismissed the appeals, having properly applied Green Belt and AONB policies, and considered all principal arguments. No procedural unfairness occurred that would warrant quashing the decision. The enforcement notice was correctly varied to exclude caravans used for agricultural purposes.

Citation
[2003] EWHC 226 (Admin)
Parties
Claimant: Rowland Marney; 1st Defendant: Secretary of State for Transport Environment and the Regions; 2nd Defendant: Waverley Borough Council
Jurisdiction
England and Wales
Judgment Date
04 February 2003
Procedural Posture
Judicial Review and Statutory Appeal / Final Judgment
Outcome
Applications under section 288 and permission to appeal under section 289 dismissed.
Legal Topics
Green Belt Policy, Enforcement Notice, Planning Permission, Area of Outstanding Natural Beauty, Procedural Fairness, Contempt of Court
Planning Law Administrative Law Green Belt Policy Enforcement Notice Planning Permission Area of Outstanding Natural Beauty Procedural Fairness Contempt of Court

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Parties

Rowland Marney

Claimant

Secretary of State for Transport Environment and the Regions

1st Defendant

Waverley Borough Council

2nd Defendant

Procedural Posture

Judicial Review and Statutory Appeal / Final Judgment

Legal Issues

  1. 1 Whether the inspector's decision to dismiss the planning appeal and enforcement notice appeal was lawful
  2. 2 Whether procedural fairness was breached in the inquiry
  3. 3 Whether the inspector failed to consider material arguments regarding agricultural use and landscape impact

Ratio Decidendi

The inspector lawfully dismissed the appeals, having properly applied Green Belt and AONB policies, and considered all principal arguments. No procedural unfairness occurred that would warrant quashing the decision. The enforcement notice was correctly varied to exclude caravans used for agricultural purposes.

Court Disposition

Applications under section 288 and permission to appeal under section 289 dismissed.

Orders

  • Claimant to pay Secretary of State's costs, summarily assessed at £7,126.
  • No order made regarding extension of injunction; matter stood over for possible committal proceedings.