Barnett v Secretary of State for Communities and Local Government & Anor

Barnett v Secretary of State for Communities and Local Government & Anor

The 1998 planning permission did not, on its proper construction, grant planning permission for an extension to the residential curtilage of Miscombe Manor. There was no necessary implication or express provision extending the curtilage, and the site plan did not evidence such an extension. The Inspector's conclusion was correct in law and fact. Both the Section 289 appeal and the Section 288 application are dismissed.

Parties
Claimant: Keith Barnett; First Defendant/respondent: Secretary of State for Communities and Local Government; Second Defendant/respondent: East Hampshire District Council
Jurisdiction
England and Wales
Judgment Date
20 June 2008
Procedural Posture
Judicial Review/statutory Appeal / Judgment After Full Hearing
Outcome
Appeal and application dismissed
Legal Topics
Interpretation of Planning Permissions, Curtilage Extension, Permitted Development Rights, Statutory Construction, Change of Use, Enforcement Notices
Planning Law Administrative Law Interpretation of Planning Permissions Curtilage Extension Permitted Development Rights Statutory Construction Change of Use Enforcement Notices

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Parties

Keith Barnett

Claimant

Secretary of State for Communities and Local Government

First Defendant/respondent

East Hampshire District Council

Second Defendant/respondent

Procedural Posture

Judicial Review/statutory Appeal / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the 1998 planning permission extended the residential curtilage of Miscombe Manor
  2. 2 Whether the Inspector erred in law in interpreting the effect of the 1998 permission
  3. 3 Whether the Inspector's approach to the interpretation of planning permissions was correct

Ratio Decidendi

The 1998 planning permission did not, on its proper construction, grant planning permission for an extension to the residential curtilage of Miscombe Manor. There was no necessary implication or express provision extending the curtilage, and the site plan did not evidence such an extension. The Inspector's conclusion was correct in law and fact. Both the Section 289 appeal and the Section 288 application are dismissed.

Court Disposition

Appeal and application dismissed

Orders

  • Section 289 appeal dismissed
  • Section 288 application dismissed