Hibbitt & Anor v Secretary of State for Communities & Local Government & Ors

Hibbitt & Anor v Secretary of State for Communities & Local Government & Ors

The Inspector was correct to find that the proposed works went beyond what could reasonably be described as a conversion and amounted to a rebuild, which is not permitted under Class Q. The requirement that development must be a 'conversion' is a freestanding threshold in the Order, and the extent and nature of the works are relevant to determining whether the works are a conversion or a rebuild. The Inspector did not misdirect herself in law.

Parties
Claimants: Hibbitt and Another; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Rushcliffe Borough Council
Jurisdiction
England and Wales
Judgment Date
09 November 2016
Procedural Posture
Judicial Review (planning) / Judgment on Application to Quash Planning Inspector's Decision
Outcome
Application dismissed
Legal Topics
Permitted Development, Conversion Vs Rebuild, Interpretation of Class Q, Town and Country Planning (general Permitted Development) (england) Order 2015, Statutory Construction
Planning Law Administrative Law Permitted Development Conversion Vs Rebuild Interpretation of Class Q Town and Country Planning (general Permitted Development) (england) Order 2015 Statutory Construction

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Parties

Hibbitt and Another

Claimants

Secretary of State for Communities and Local Government

First Defendant

Rushcliffe Borough Council

Second Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the proposed works to convert an agricultural barn to a dwelling fall within 'conversion' under Class Q of the Town and Country Planning (General Permitted Development) (England) Order 2015 or amount to a 'rebuild' and are thus excluded from permitted development rights.

Ratio Decidendi

The Inspector was correct to find that the proposed works went beyond what could reasonably be described as a conversion and amounted to a rebuild, which is not permitted under Class Q. The requirement that development must be a 'conversion' is a freestanding threshold in the Order, and the extent and nature of the works are relevant to determining whether the works are a conversion or a rebuild. The Inspector did not misdirect herself in law.

Court Disposition

Application dismissed