City & Country Bramshill Ltd v Secretary of State for Housing, Communities And Local Government & Ors

City & Country Bramshill Ltd v Secretary of State for Housing, Communities And Local Government & Ors

Enforcement notices for Appeals 8 to 14 and 16 are remitted to the Inspector; inspector's decision on Appeal 7 is quashed for redetermination; costs appeal is refused as no prior unreasonableness found; Historic England awarded 25% of its costs due to significant contribution; permission to appeal is refused as no compelling reason or real prospect of success demonstrated.

Parties
Claimant/appellant: City & Country Bramshill Limited; First Defendant/respondent: Secretary of State for Housing, Communities and Local Government; Second Defendant/respondent: Hart District Council; Third Defendant/first Interested Party: Historic England; Second Interested Party: The National Trust for Places of Historic Interest or Natural Beauty
Jurisdiction
England and Wales
Judgment Date
16 December 2019
Procedural Posture
Judicial Review and Statutory Appeals / Post Judgment Rulings and Costs Orders
Outcome
Enforcement notices remitted, inspector's decision on Appeal 7 quashed, costs appeal refused, partial costs awarded to Historic England, permission to appeal refused.
Legal Topics
Heritage Assets, Enforcement Notice Appeals, Costs Orders, Permission to Appeal
Planning Law Administrative Law Heritage Assets Enforcement Notice Appeals Costs Orders Permission to Appeal

Case Brief

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Parties

City & Country Bramshill Limited

Claimant/appellant

Secretary of State for Housing, Communities and Local Government

First Defendant/respondent

Hart District Council

Second Defendant/respondent

Historic England

Third Defendant/first Interested Party

The National Trust for Places of Historic Interest or Natural Beauty

Second Interested Party

Procedural Posture

Judicial Review and Statutory Appeals / Post Judgment Rulings and Costs Orders

Legal Issues

  1. 1 Whether enforcement notices should be remitted and inspector's decision quashed
  2. 2 Entitlement to costs orders for parties
  3. 3 Criteria for permission to appeal

Ratio Decidendi

Enforcement notices for Appeals 8 to 14 and 16 are remitted to the Inspector; inspector's decision on Appeal 7 is quashed for redetermination; costs appeal is refused as no prior unreasonableness found; Historic England awarded 25% of its costs due to significant contribution; permission to appeal is refused as no compelling reason or real prospect of success demonstrated.

Court Disposition

Enforcement notices remitted, inspector's decision on Appeal 7 quashed, costs appeal refused, partial costs awarded to Historic England, permission to appeal refused.

Orders

  • Enforcement notices for Appeals 8 to 14 and 16 remitted to Inspector.
  • Inspector's decision on Appeal 7 quashed for redetermination.