North Cote Farms Ltd v Secretary of State for Communities and Local Government & Anor

North Cote Farms Ltd v Secretary of State for Communities and Local Government & Anor

The Inspector was entitled to consider the planned views from Carnaby Temple as part of its setting and significance, even though the windows are currently bricked up. The Inspector’s failure to expressly reference section 38(6) of the 2004 Act did not vitiate the decision, as both parties invited the application of draft policy EC5 and the balancing exercise was properly undertaken. The decision was not irrational or unlawful.

Parties
Claimant: North Cote Farms Ltd; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: East Riding of Yorkshire Council
Jurisdiction
England and Wales
Judgment Date
20 February 2015
Procedural Posture
Judicial Review (planning) / Judgment on Application to Quash Planning Decision
Outcome
Application dismissed
Legal Topics
Listed Buildings, Heritage Assets, Development Plan, Renewable Energy, Judicial Review, Statutory Interpretation
Planning Law Administrative Law Listed Buildings Heritage Assets Development Plan Renewable Energy Judicial Review Statutory Interpretation

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Parties

North Cote Farms Ltd

Claimant

Secretary of State for Communities and Local Government

First Defendant

East Riding of Yorkshire Council

Second Defendant

Procedural Posture

Judicial Review (planning) / Judgment on Application to Quash Planning Decision

Legal Issues

  1. 1 Whether the Inspector erred in law by considering hypothetical views from Carnaby Temple when windows are bricked up
  2. 2 Whether the Inspector failed to determine the appeal in accordance with section 38(6) of the Planning and Compulsory Purchase Act 2004

Ratio Decidendi

The Inspector was entitled to consider the planned views from Carnaby Temple as part of its setting and significance, even though the windows are currently bricked up. The Inspector’s failure to expressly reference section 38(6) of the 2004 Act did not vitiate the decision, as both parties invited the application of draft policy EC5 and the balancing exercise was properly undertaken. The decision was not irrational or unlawful.

Court Disposition

Application dismissed

Orders

  • Application to quash the Inspector’s decision is dismissed