Dee & Dee v Secretary of State for Levelling Up Housing and Communities & Anor [2022] EWHC 2166 (Admin) (21 April 2022)

Dee & Dee v Secretary of State for Levelling Up Housing and Communities & Anor [2022] EWHC 2166 (Admin) (21 April 2022)

The inspector's failure to correctly assess the scope of permitted development rights within the National Park was a material error that influenced the decision to uphold restrictive planning conditions. The error was significant and it cannot be said that the decision would necessarily have been the same absent the mistake. The decision must therefore be quashed and remitted for reconsideration.

Citation
[2022] EWHC 2166 (Admin)
Parties
Claimant: Dee & Dee; First Defendant: Secretary of State for Levelling Up Housing and Communities; Second Defendant: New Forest National Park Authority
Jurisdiction
England and Wales
Judgment Date
21 April 2022
Procedural Posture
Judicial Review (statutory Challenge) / Judgment on Challenge to Planning Inspector's Decision
Outcome
Decision quashed and remitted for reconsideration by the Secretary of State.
Legal Topics
Permitted Development Rights, Planning Conditions, Material Error of Law, National Parks, Judicial Review
Administrative Law Planning Law Permitted Development Rights Planning Conditions Material Error of Law National Parks Judicial Review

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Parties

Dee & Dee

Claimant

Secretary of State for Levelling Up Housing and Communities

First Defendant

New Forest National Park Authority

Second Defendant

Procedural Posture

Judicial Review (statutory Challenge) / Judgment on Challenge to Planning Inspector's Decision

Legal Issues

  1. 1 Whether the inspector's mistake regarding permitted development rights within a National Park was material to the decision to uphold planning conditions restricting extensions to a dwelling.

Ratio Decidendi

The inspector's failure to correctly assess the scope of permitted development rights within the National Park was a material error that influenced the decision to uphold restrictive planning conditions. The error was significant and it cannot be said that the decision would necessarily have been the same absent the mistake. The decision must therefore be quashed and remitted for reconsideration.

Court Disposition

Decision quashed and remitted for reconsideration by the Secretary of State.

Orders

  • The inspector's decision dated 26 August 2021 is quashed.
  • The matter is remitted to the Secretary of State for reconsideration.