Field v First Secretary of State & Anor

Field v First Secretary of State & Anor

The Inspector erred in law by speculating about the intention behind the demolition and by misunderstanding the legal definition of development. Demolition, as permitted and carried out, constituted commencement of development for the purposes of the planning permission, even though it was not a 'specified operation' under section 43(2). The Inspector's decision was legally flawed and must be quashed.

Parties
Claimant: Barry Field; First Defendant: First Secretary of State; Second Defendant: Crawley Borough Council
Jurisdiction
England and Wales
Judgment Date
23 January 2004
Procedural Posture
Judicial Review (planning) / Judgment on Application to Quash Inspector's Decision
Outcome
Application allowed; Inspector's decision quashed; permission to appeal granted on point of principle (section 43).
Legal Topics
Lawful Development Certificates, Commencement of Development, Interpretation of Planning Permissions, Time Limits on Planning Permissions
Planning Law Administrative Law Lawful Development Certificates Commencement of Development Interpretation of Planning Permissions Time Limits on Planning Permissions

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Parties

Barry Field

Claimant

First Secretary of State

First Defendant

Crawley Borough Council

Second Defendant

Procedural Posture

Judicial Review (planning) / Judgment on Application to Quash Inspector's Decision

Legal Issues

  1. 1 Whether demolition of cottages constituted commencement of development under the relevant planning permission and statutory provisions
  2. 2 Whether the Inspector erred in law in his interpretation of 'development' and commencement under the Town and Country Planning Acts
  3. 3 Whether intention/motivation for demolition is relevant to commencement of development

Ratio Decidendi

The Inspector erred in law by speculating about the intention behind the demolition and by misunderstanding the legal definition of development. Demolition, as permitted and carried out, constituted commencement of development for the purposes of the planning permission, even though it was not a 'specified operation' under section 43(2). The Inspector's decision was legally flawed and must be quashed.

Court Disposition

Application allowed; Inspector's decision quashed; permission to appeal granted on point of principle (section 43).

Orders

  • Inspector's decision quashed.
  • First defendant to pay claimant's costs in the agreed sum of £4,841.50.