Gough, R (on the application of) v Secretary of State for Communities and Local Government & Anor

Gough, R (on the application of) v Secretary of State for Communities and Local Government & Anor

The Inspector's decision was supported by evidence, his reasons were adequate, and the statutory scheme did not permit granting consent for structural works alone without sufficient plans for the resulting building. The application was properly refused and the challenge must be dismissed.

Parties
Claimant: Wilson Dyer Gough; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: East Northamptonshire District Council
Jurisdiction
England and Wales
Judgment Date
17 November 2008
Procedural Posture
Judicial Review / Judgment
Outcome
Claim dismissed
Legal Topics
Listed Building Consent, Planning Appeals, Adequacy of Reasons, Costs Assessment
Planning Law Administrative Law Listed Building Consent Planning Appeals Adequacy of Reasons Costs Assessment

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Parties

Wilson Dyer Gough

Claimant

Secretary of State for Communities and Local Government

First Defendant

East Northamptonshire District Council

Second Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Inspector's decision to refuse listed building consent was supported by evidence
  2. 2 Whether the Inspector provided adequate reasons for his decision
  3. 3 Whether the Inspector should have granted partial consent for structural works subject to conditions

Ratio Decidendi

The Inspector's decision was supported by evidence, his reasons were adequate, and the statutory scheme did not permit granting consent for structural works alone without sufficient plans for the resulting building. The application was properly refused and the challenge must be dismissed.

Court Disposition

Claim dismissed

Orders

  • Application for judicial review dismissed
  • Costs awarded to the first defendant assessed at £3,500