Hadrian Property Investment Ltd v Secretary of State for Levelling Up Housing & Anor [2022] EWHC 1184 (Admin) (17 May 2022)

Hadrian Property Investment Ltd v Secretary of State for Levelling Up Housing & Anor [2022] EWHC 1184 (Admin) (17 May 2022)

Ground 1 (the applicability of the 'planning unit' approach to the GPDO) is arguable and crosses the threshold for permission; Ground 2 (adequacy of reasons on design) is unarguable as the Inspector gave adequate and intelligible reasons meeting the public law standard.

Citation
[2022] EWHC 1184 (Admin)
Parties
Claimant: Hadrian Property Investment Ltd; First Defendant: Secretary of State for Levelling Up Housing; Second Defendant: Newcastle City Council; Interested Party: West End Residents Association
Jurisdiction
England and Wales
Judgment Date
17 May 2022
Procedural Posture
Statutory Review (planning) / Permission Hearing (application for Permission for Statutory Review)
Outcome
Permission for statutory review granted on Ground 1 (Appeal A) and refused on Ground 2 (Appeal B).
Legal Topics
Permitted Development Rights, Planning Unit, General Permitted Development Order (gpdo), Adequacy of Reasons, Planning Conditions, Design in Planning Applications
Planning Law Administrative Law Judicial Review Permitted Development Rights Planning Unit General Permitted Development Order (gpdo) Adequacy of Reasons Planning Conditions +1 more

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Parties

Hadrian Property Investment Ltd

Claimant

Secretary of State for Levelling Up Housing

First Defendant

Newcastle City Council

Second Defendant

West End Residents Association

Interested Party

Procedural Posture

Statutory Review (planning) / Permission Hearing (application for Permission for Statutory Review)

Legal Issues

  1. 1 Whether the 'planning unit' approach governs the application of permitted development rights under the GPDO, specifically Schedule 2 Part 3 Class MA
  2. 2 Whether the Inspector gave legally adequate reasons regarding design issues and the use of planning conditions

Ratio Decidendi

Ground 1 (the applicability of the 'planning unit' approach to the GPDO) is arguable and crosses the threshold for permission; Ground 2 (adequacy of reasons on design) is unarguable as the Inspector gave adequate and intelligible reasons meeting the public law standard.

Court Disposition

Permission for statutory review granted on Ground 1 (Appeal A) and refused on Ground 2 (Appeal B).

Orders

  • Permission for statutory review granted in relation to Appeal A, restricted to Ground 1.
  • Permission for statutory review refused in relation to Appeal B.