Magauran, R (on the application of) v The First Secretary of State & Ors [2005] EWHC 1751 (Admin) (12 July 2005)

Magauran, R (on the application of) v The First Secretary of State & Ors [2005] EWHC 1751 (Admin) (12 July 2005)

The planning inspector did not err in law by granting permission for the erection of flats following demolition of a locally listed building, as demolition would not normally require separate planning permission unless an Article 4 Direction was made, which the council had not done. The inspector properly considered material considerations and applied the relevant statutory and policy framework.

Citation
[2005] EWHC 1751 (Admin)
Parties
Claimant: Miss Helen Magauran; First Defendant: First Secretary of State; Second Defendant: Epsom & Ewell Borough Council; Third Defendant: Mr John Henry Magauran
Jurisdiction
England and Wales
Judgment Date
12 July 2005
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Planning Permission, Demolition of Locally Listed Buildings, Policy BE15, Article 4 Directions, Natural Justice
Administrative Law Planning Law Planning Permission Demolition of Locally Listed Buildings Policy BE15 Article 4 Directions Natural Justice

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Parties

Miss Helen Magauran

Claimant

First Secretary of State

First Defendant

Epsom & Ewell Borough Council

Second Defendant

Mr John Henry Magauran

Third Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the planning inspector erred in law by granting permission for development following demolition of a locally listed building
  2. 2 Whether the inspector failed to consider the possibility of an Article 4 Direction
  3. 3 Whether there was a breach of natural justice

Ratio Decidendi

The planning inspector did not err in law by granting permission for the erection of flats following demolition of a locally listed building, as demolition would not normally require separate planning permission unless an Article 4 Direction was made, which the council had not done. The inspector properly considered material considerations and applied the relevant statutory and policy framework.

Court Disposition

Claim dismissed

Orders

  • Claimant to pay First Secretary of State's costs, summarily assessed at £6,250, payable within 28 days