Hook v Secretary of State for Housing, Communities and Local Government & Anor (Rev 1)

Hook v Secretary of State for Housing, Communities and Local Government & Anor (Rev 1)

The inspector lawfully found, as a matter of fact and degree, that the dwelling was not a building for agriculture and thus was inappropriate development in the Green Belt. The suggested agricultural occupancy condition was not relevant as it did not relate to the actual development before the inspector. There was no error of law, procedural unfairness, or inadequacy of reasons.

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) / Court of Appeal Judgment
Outcome
Application dismissed
Legal Topics
Green Belt Policy, Planning Permission, Retrospective Planning Applications, Planning Conditions, Judicial Review, Procedural Fairness
Planning Law Administrative Law Green Belt Policy Planning Permission Retrospective Planning Applications Planning Conditions Judicial Review Procedural Fairness

Case Brief

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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) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the inspector erred in law in concluding the dwelling was not a building for agriculture and thus inappropriate development in the Green Belt
  2. 2 Whether the inspector failed to consider the imposition of an agricultural occupancy condition
  3. 3 Whether the inspector breached natural justice by not allowing submissions on the condition's reasonableness

Ratio Decidendi

The inspector lawfully found, as a matter of fact and degree, that the dwelling was not a building for agriculture and thus was inappropriate development in the Green Belt. The suggested agricultural occupancy condition was not relevant as it did not relate to the actual development before the inspector. There was no error of law, procedural unfairness, or inadequacy of reasons.

Court Disposition

Application dismissed