Mills v The Secretary of State for Housing Communities and Local Government

Mills v The Secretary of State for Housing Communities and Local Government

Policy E18 does not apply to Hawkern Cottage as it is limited to the named seaside resorts; the Inspector erred in applying it, but the error did not affect the outcome because the development conflicted with other policies and material considerations did not outweigh the harm identified.

Parties
Claimant: Clare Mills; First Defendant: The Secretary of State for Housing Communities and Local Government; Second Defendant: East Devon District Council
Jurisdiction
England and Wales
Judgment Date
18 December 2019
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Interpretation of Development Plan Policy, Change of Use, Holiday Accommodation, Local Plan Policy E18
Planning Law Interpretation of Development Plan Policy Change of Use Holiday Accommodation Local Plan Policy E18

Case Brief

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Parties

Clare Mills

Claimant

The Secretary of State for Housing Communities and Local Government

First Defendant

East Devon District Council

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Policy E18 of the East Devon Local Plan applies to Hawkern Cottage outside the named seaside resorts
  2. 2 Whether the Inspector erred in interpreting and applying Policy E18 to the proposed development

Ratio Decidendi

Policy E18 does not apply to Hawkern Cottage as it is limited to the named seaside resorts; the Inspector erred in applying it, but the error did not affect the outcome because the development conflicted with other policies and material considerations did not outweigh the harm identified.

Court Disposition

Claim dismissed