Winchester City Council, R (on the application of) v Secretary Of State for Communities & Local Government & Anor [2007] EWHC 2303 (Admin) (20 September 2007)

Winchester City Council, R (on the application of) v Secretary Of State for Communities & Local Government & Anor [2007] EWHC 2303 (Admin) (20 September 2007)

The Inspector was entitled to find, as a matter of fact and degree, that the production of SPF eggs at Torbay Farm was 'incidental to' vaccine production elsewhere and thus constituted an 'industrial process' under the Use Classes Order. The requirement that incidental and primary uses be on the same planning unit does not apply to the definition of 'industrial process' in the Order.

Citation
[2007] EWHC 2303 (Admin)
Parties
Claimant: Winchester City Council; First Defendant: Secretary of State for Communities and Local Government; Interested Party: Wickham Laboratories Ltd
Jurisdiction
England and Wales
Judgment Date
20 September 2007
Procedural Posture
Judicial Review Under Section 288 of the Town and Country Planning Act 1990 / High Court Judgment
Outcome
Application dismissed
Legal Topics
Interpretation of 'industrial Process' Under Town and Country Planning (use Classes) Order 1987, Certificate of Lawful Use or Development, Planning Unit Definition, Permitted Development Rights
Planning Law Administrative Law Interpretation of 'industrial Process' Under Town and Country Planning (use Classes) Order 1987 Certificate of Lawful Use or Development Planning Unit Definition Permitted Development Rights

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Parties

Winchester City Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Wickham Laboratories Ltd

Interested Party

Procedural Posture

Judicial Review Under Section 288 of the Town and Country Planning Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether the production of Specific Pathogen Free (SPF) eggs at Torbay Farm constituted an 'industrial process' under Article 2 of the Town and Country Planning (Use Classes) Order 1987
  2. 2 Whether 'incidental to' in the definition of 'industrial process' requires the primary and incidental uses to be on the same planning unit

Ratio Decidendi

The Inspector was entitled to find, as a matter of fact and degree, that the production of SPF eggs at Torbay Farm was 'incidental to' vaccine production elsewhere and thus constituted an 'industrial process' under the Use Classes Order. The requirement that incidental and primary uses be on the same planning unit does not apply to the definition of 'industrial process' in the Order.

Court Disposition

Application dismissed

Orders

  • Secretary of State awarded costs of £5,792, summarily assessed
  • No order for a second set of costs to Wickham Laboratories