Hook v Secretary of State for Housing, Communities and Local Government & Anor (Rev 1) [2020] EWCA Civ 486 (03 April 2020)

Hook v Secretary of State for Housing, Communities and Local Government & Anor (Rev 1) [2020] EWCA Civ 486 (03 April 2020)

The inspector was entitled, as a matter of fact and degree, to find that the dwelling was not a building for agriculture and thus inappropriate development in the Green Belt. The suggested agricultural occupancy condition was not relevant to the actual development before him and did not have to be considered. There...

Source-derived case information.

Citation
[2020] EWCA Civ 486
Parties
Claimant: Alison Hook; First Defendant: Secretary of State for Housing, Communities and Local Government; Second Defendant: Surrey Heath Borough Council
Jurisdiction
England and Wales
Judgment Date
03 April 2020
Procedural Posture
Planning Statutory Review (section 288 Town and Country Planning Act 1990) / Appeal to Court of Appeal From Refusal of Permission to Proceed With Statutory Review
Outcome
Appeal dismissed
Legal Topics
Green Belt Policy, Planning Permission, Retrospective Planning Applications, Planning Conditions, Judicial Review, Natural Justice, Reasoning and Adequacy of Reasons
Planning Law Administrative Law Environmental Law Green Belt Policy Planning Permission Retrospective Planning Applications Planning Conditions Judicial Review +2 more

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Summary, issues, holding and outcome

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Parties

Alison Hook

Claimant

Secretary of State for Housing, Communities and Local Government

First Defendant

Surrey Heath Borough Council

Second Defendant

Procedural Posture

Planning Statutory Review (section 288 Town and Country Planning Act 1990) / Appeal to Court of Appeal From Refusal of Permission to Proceed With Statutory Review

Legal Issues

  1. 1 Whether the inspector erred in law by failing to consider or impose an agricultural occupancy condition that could render the dwelling 'a building for agriculture' and thus not inappropriate development in the Green Belt
  2. 2 Whether the inspector breached natural justice by not allowing the claimant to address the reasonableness of the condition
  3. 3 Whether the inspector failed to provide lawful and adequate reasons for rejecting the agricultural occupancy condition

Ratio Decidendi

The inspector was entitled, as a matter of fact and degree, to find that the dwelling was not a building for agriculture and thus inappropriate development in the Green Belt. The suggested agricultural occupancy condition was not relevant to the actual development before him and did not have to be considered. There was no breach of natural justice or failure to give adequate reasons.

Court Disposition

Appeal dismissed

Orders

  • Application for statutory review refused
  • No order for costs specified in the judgment