Thompson, R (on the application of) v First Secretary of State & Anor [2005] EWHC 1140 (Admin) (26 April 2005)

Thompson, R (on the application of) v First Secretary of State & Anor [2005] EWHC 1140 (Admin) (26 April 2005)

The Inspector was entitled to judge the potential for active or economically viable use of South Lodge as ancillary to the main dwelling, relying on his expertise and the evidence before him. The process was fair, and there was no error of law or breach of natural justice. The application is dismissed.

Citation
[2005] EWHC 1140 (Admin)
Parties
Claimant: Thompson; First Defendant: First Secretary of State; Second Defendant: Barnsley Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
26 April 2005
Procedural Posture
Judicial Review (planning) / Final Judgment in the High Court, Post Remittal From Previous Quashing Order
Outcome
Application dismissed
Legal Topics
Judicial Review, Listed Building Consent, Planning Permission, Natural Justice, Costs
Administrative Law Planning Law Heritage/listed Buildings Judicial Review Listed Building Consent Planning Permission Natural Justice Costs

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Parties

Thompson

Claimant

First Secretary of State

First Defendant

Barnsley Metropolitan Borough Council

Second Defendant

Procedural Posture

Judicial Review (planning) / Final Judgment in the High Court, Post Remittal From Previous Quashing Order

Legal Issues

  1. 1 Whether the Planning Inspector's decision involved an error of law regarding economically viable use and active use under PPG 15
  2. 2 Whether the claimant was denied a fair hearing or natural justice in the planning appeal process
  3. 3 Whether the Inspector's reasoning on the architectural and historic interest of the listed buildings was legally sound

Ratio Decidendi

The Inspector was entitled to judge the potential for active or economically viable use of South Lodge as ancillary to the main dwelling, relying on his expertise and the evidence before him. The process was fair, and there was no error of law or breach of natural justice. The application is dismissed.

Court Disposition

Application dismissed

Orders

  • Claimant to pay costs of £3,660 to the First Defendant