Walker, R (on the application of) v The First Secretary of State & Anor

Walker, R (on the application of) v The First Secretary of State & Anor

The inspector did not err in law in his assessment of the proposed use or in his conclusion that no very special circumstances justified the inappropriate development in the Green Belt. The inspector's findings on highway and pedestrian safety were also not vitiated by error of law. The appeal must therefore fail.

Parties
Claimant: Elizabeth Margaret Walker; First Defendant: First Secretary of State; Second Defendant: Barnsley Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
09 March 2006
Procedural Posture
Judicial Review/statutory Appeal (planning) / Judgment After Substantive Hearing
Outcome
Appeal dismissed
Legal Topics
Green Belt Policy, Planning Permission, Enforcement Notice, Costs
Planning Law Administrative Law Green Belt Policy Planning Permission Enforcement Notice Costs

Case Brief

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Parties

Elizabeth Margaret Walker

Claimant

First Secretary of State

First Defendant

Barnsley Metropolitan Borough Council

Second Defendant

Procedural Posture

Judicial Review/statutory Appeal (planning) / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the inspector erred in law in dismissing the appeal against enforcement notice for pitched roof construction and use as a nursery/school
  2. 2 Whether very special circumstances justified inappropriate development in the Green Belt
  3. 3 Whether the inspector misdirected himself as to the proposed use of the premises

Ratio Decidendi

The inspector did not err in law in his assessment of the proposed use or in his conclusion that no very special circumstances justified the inappropriate development in the Green Belt. The inspector's findings on highway and pedestrian safety were also not vitiated by error of law. The appeal must therefore fail.

Court Disposition

Appeal dismissed

Orders

  • Claimant to pay First Defendant's costs, summarily assessed at £3,904, payable within 28 days