University of Leicester v Secretary of State for Communities and Local Government & Anor [2016] EWHC 476 (Admin) (07 March 2016)

University of Leicester v Secretary of State for Communities and Local Government & Anor [2016] EWHC 476 (Admin) (07 March 2016)

The Inspector erred in law by failing to consider all relevant extrinsic material when interpreting the ambiguous planning permissions; properly construed, the permissions permitted mixed use for student accommodation and conferences. Section 75(3) TCPA 1990 did not apply as the permissions specified student use. Conference use was not ancillary as it was a substantial use in its own right.

Citation
[2016] EWHC 476 (Admin)
Parties
Claimant: University of Leicester; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Oadby & Wigston Borough Council
Jurisdiction
England and Wales
Judgment Date
07 March 2016
Procedural Posture
Judicial Review (s.288 TCPA 1990) / High Court Judgment
Outcome
Claim allowed; Inspector's decision quashed.
Legal Topics
Interpretation of Planning Permissions, Lawful Development Certificates, Ancillary Use, Section 75 Town and Country Planning Act 1990
Planning Law Administrative Law Interpretation of Planning Permissions Lawful Development Certificates Ancillary Use Section 75 Town and Country Planning Act 1990

Case Brief

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Parties

University of Leicester

Claimant

Secretary of State for Communities and Local Government

First Defendant

Oadby & Wigston Borough Council

Second Defendant

Procedural Posture

Judicial Review (s.288 TCPA 1990) / High Court Judgment

Legal Issues

  1. 1 Whether planning permissions for John Foster Hall permitted mixed use (student accommodation and conferences)
  2. 2 Whether conference use was ancillary to student accommodation
  3. 3 Whether section 75(3) TCPA 1990 applied

Ratio Decidendi

The Inspector erred in law by failing to consider all relevant extrinsic material when interpreting the ambiguous planning permissions; properly construed, the permissions permitted mixed use for student accommodation and conferences. Section 75(3) TCPA 1990 did not apply as the permissions specified student use. Conference use was not ancillary as it was a substantial use in its own right.

Court Disposition

Claim allowed; Inspector's decision quashed.

Orders

  • Inspector's decision dated 11 September 2015 quashed.
  • Matter remitted for redetermination in accordance with the judgment.