Dacorum Borough Council, R (on the application of) v Secretary of State for Communities and Local Government & Anor

Dacorum Borough Council, R (on the application of) v Secretary of State for Communities and Local Government & Anor

The Inspector erred in law by failing to consider the explanatory text to Policy 22, which defines 'original dwelling' by reference to the building existing on 1 July 1948 or the first dwelling built thereafter. The Inspector wrongly equated the meaning of 'original' in Policy 22 with that in PPG2 paragraph 3.6, contrary to the local policy's explanatory text. This omission was a material error and led to an incorrect grant of planning permission for the conservatory.

Parties
Claimant: Dacorum Borough Council; 1st Defendant: Secretary of State for Communities and Local Government; 2nd Defendants: Mr and Mrs Alan Hutchinson
Jurisdiction
England and Wales
Judgment Date
29 January 2009
Procedural Posture
Judicial Review / Statutory Appeal / Judgment After Substantive Hearing
Outcome
Application allowed; Inspector's decision quashed; permission to appeal granted
Legal Topics
Interpretation of Planning Policy Guidance, Green Belt Development, Statutory Appeals Under Town and Country Planning Act 1990
Planning Law Administrative Law Interpretation of Planning Policy Guidance Green Belt Development Statutory Appeals Under Town and Country Planning Act 1990

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Parties

Dacorum Borough Council

Claimant

Secretary of State for Communities and Local Government

1st Defendant

Mr and Mrs Alan Hutchinson

2nd Defendants

Procedural Posture

Judicial Review / Statutory Appeal / Judgment After Substantive Hearing

Legal Issues

  1. 1 Proper interpretation of 'original building' in PPG2 paragraph 3.6 and Local Plan Policy 22 for Green Belt extensions
  2. 2 Whether the Inspector erred in law by failing to consider the explanatory text to Policy 22

Ratio Decidendi

The Inspector erred in law by failing to consider the explanatory text to Policy 22, which defines 'original dwelling' by reference to the building existing on 1 July 1948 or the first dwelling built thereafter. The Inspector wrongly equated the meaning of 'original' in Policy 22 with that in PPG2 paragraph 3.6, contrary to the local policy's explanatory text. This omission was a material error and led to an incorrect grant of planning permission for the conservatory.

Court Disposition

Application allowed; Inspector's decision quashed; permission to appeal granted

Orders

  • The Inspector's decision granting planning permission for the conservatory is quashed.
  • Costs of £3,355.83 awarded to the Council against Mr and Mrs Hutchinson.