Jones v Green [2005] EWCA Civ 1727 (16 December 2005)

Jones v Green [2005] EWCA Civ 1727 (16 December 2005)

The inspector was required to determine whether units 2 and 3 were statutory caravans before granting planning permission subject to a condition limiting use to such caravans; failure to do so was a material error justifying quashing the inspector's decision.

Citation
[2005] EWCA Civ 1727
Parties
Defendant/appellant: Mrs Bridget Jones; Claimant/respondent: Roger Michael Green on behalf of the Friends of Fordwich and District
Jurisdiction
England and Wales
Judgment Date
16 December 2005
Procedural Posture
Statutory Appeal Under Section 288 of the Town and Country Planning Act 1990 / Appeal From High Court (administrative Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Statutory Interpretation of 'caravan', Gypsy Status Under Caravan Sites Act 1968, Planning Permission Conditions, Material Considerations in Planning Decisions
Planning Law Administrative Law Statutory Interpretation of 'caravan' Gypsy Status Under Caravan Sites Act 1968 Planning Permission Conditions Material Considerations in Planning Decisions

Case Brief

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Parties

Mrs Bridget Jones

Defendant/appellant

Roger Michael Green on behalf of the Friends of Fordwich and District

Claimant/respondent

Procedural Posture

Statutory Appeal Under Section 288 of the Town and Country Planning Act 1990 / Appeal From High Court (administrative Court) to Court of Appeal

Legal Issues

  1. 1 Whether the inspector was required to determine if units 2 and 3 were 'caravans' within the statutory definition for the purposes of granting planning permission and imposing conditions
  2. 2 Whether the inspector's failure to determine the status of units 2 and 3 was a material error of law
  3. 3 Whether the judge below erred in finding that the inspector should have addressed the status of units 2 and 3

Ratio Decidendi

The inspector was required to determine whether units 2 and 3 were statutory caravans before granting planning permission subject to a condition limiting use to such caravans; failure to do so was a material error justifying quashing the inspector's decision.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay respondent's costs
  • Detailed assessment of appellant's costs