Best Holdings (UK) Ltd (T/A Wyldecrest Parks) v Secretary of State for Levelling Up, Housing and Communities & Anor [2023] EWHC 492 (Admin) (09 March 2023)

Best Holdings (UK) Ltd (T/A Wyldecrest Parks) v Secretary of State for Levelling Up, Housing and Communities & Anor [2023] EWHC 492 (Admin) (09 March 2023)

Permission to bring the s.288 statutory review is granted because there is a properly arguable case that the Inspector reached a finding of material change of use contrary to the agreed position of the parties without giving them an opportunity to make representations, amounting to procedural unfairness and breach of natural justice.

Citation
[2023] EWHC 492 (Admin)
Parties
Claimant: Best Holdings (UK) Limited (trading as Wyldecrest Parks); First Defendant: Secretary of State for Levelling Up, Housing and Communities; Second Defendant: Dover District Council
Jurisdiction
England and Wales
Judgment Date
09 March 2023
Procedural Posture
Planning Statutory Review (s.288 Town and Country Planning Act 1990) / Renewed Oral Application for Permission
Outcome
Permission to bring the s.288 statutory review granted on Grounds 1 and 2.
Legal Topics
Procedural Fairness, Material Change of Use, Lawful Development Certificates, Natural Justice
Planning Law Administrative Law Procedural Fairness Material Change of Use Lawful Development Certificates Natural Justice

Case Brief

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Parties

Best Holdings (UK) Limited (trading as Wyldecrest Parks)

Claimant

Secretary of State for Levelling Up, Housing and Communities

First Defendant

Dover District Council

Second Defendant

Procedural Posture

Planning Statutory Review (s.288 Town and Country Planning Act 1990) / Renewed Oral Application for Permission

Legal Issues

  1. 1 Whether the Inspector's decision was procedurally unfair by failing to allow parties to comment on a new view of current use
  2. 2 Whether the Inspector erred in law by finding a material change of use without giving parties opportunity to respond
  3. 3 Whether the Inspector failed to give adequate reasons or acted irrationally in his alternative findings

Ratio Decidendi

Permission to bring the s.288 statutory review is granted because there is a properly arguable case that the Inspector reached a finding of material change of use contrary to the agreed position of the parties without giving them an opportunity to make representations, amounting to procedural unfairness and breach of natural justice.

Court Disposition

Permission to bring the s.288 statutory review granted on Grounds 1 and 2.

Orders

  • Parties to make submissions on the appropriate form of order for substantive hearing.
  • Matter to proceed to a substantive hearing.