DEE & DEE v SECRETARY OF STATE FOR LEVELLING UP HOUSING AND COMMUNITIES & Anor

DEE & DEE v SECRETARY OF STATE FOR LEVELLING UP HOUSING AND COMMUNITIES & Anor

The inspector's mistake regarding permitted development rights inside the National Park was material to the decision, as it affected the assessment of the necessity and reasonableness of the conditions imposed. The decision would not necessarily have been the same had the mistake not been made. Accordingly, the decision must be quashed and remitted for reconsideration.

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 / Judgment
Outcome
Decision quashed and remitted for reconsideration by the Secretary of State.
Legal Topics
Permitted Development Rights, Planning Conditions, National Park Policy, Material Error in Decision Making
Planning Law Administrative Law Permitted Development Rights Planning Conditions National Park Policy Material Error in Decision Making

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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 / Judgment

Legal Issues

  1. 1 Whether the inspector's mistake regarding permitted development rights inside the National Park was material to the decision
  2. 2 Whether conditions restricting permitted development rights were necessary and reasonable

Ratio Decidendi

The inspector's mistake regarding permitted development rights inside the National Park was material to the decision, as it affected the assessment of the necessity and reasonableness of the conditions imposed. The decision would not necessarily have been the same had the mistake not been made. Accordingly, the decision must be quashed and remitted for reconsideration.

Court Disposition

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

Orders

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