Dacorum Borough Council, R (on the application of) v Secretary of State for Communities and Local Government & Anor [2009] EWHC 304 (Admin) (29 January 2009)

Dacorum Borough Council, R (on the application of) v Secretary of State for Communities and Local Government & Anor [2009] EWHC 304 (Admin) (29 January 2009)

The inspector erred in law by failing to consider the explanatory text to Policy 22, which was a material consideration, and by misinterpreting the meaning of 'original dwelling' under the local plan and PPG2. The correct interpretation is that 'original dwelling' refers to the building as it existed on 1 July 1948 or the first dwelling built after that date, not to a replacement building. The inspector's decision to permit the conservatory was therefore unlawful.

Citation
[2009] EWHC 304 (Admin)
Parties
Claimant: Dacorum Borough Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendants: Mr and Mrs Alan Hutchinson
Jurisdiction
England and Wales
Judgment Date
29 January 2009
Procedural Posture
Judicial Review (administrative Court) / Judgment on Application to Quash Planning Inspector's Decision; Permission to Appeal Granted
Outcome
Application upheld; inspector's decision quashed; permission to appeal granted.
Legal Topics
Interpretation of Planning Policy, Green Belt Development, Judicial Review of Planning Decisions, Local Plan Policy Interpretation
Planning Law Administrative Law Local Government Law Interpretation of Planning Policy Green Belt Development Judicial Review of Planning Decisions Local Plan Policy Interpretation

Case Brief

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Parties

Dacorum Borough Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Mr and Mrs Alan Hutchinson

Second Defendants

Procedural Posture

Judicial Review (administrative Court) / Judgment on Application to Quash Planning Inspector's Decision; Permission to Appeal Granted

Legal Issues

  1. 1 Whether the planning inspector erred in law in interpreting 'original building' under PPG2 and Local Plan Policy 22 for Green Belt extensions
  2. 2 Whether the inspector failed to consider the explanatory text to Policy 22 as a material consideration

Ratio Decidendi

The inspector erred in law by failing to consider the explanatory text to Policy 22, which was a material consideration, and by misinterpreting the meaning of 'original dwelling' under the local plan and PPG2. The correct interpretation is that 'original dwelling' refers to the building as it existed on 1 July 1948 or the first dwelling built after that date, not to a replacement building. The inspector's decision to permit the conservatory was therefore unlawful.

Court Disposition

Application upheld; inspector's decision quashed; permission to appeal granted.

Orders

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