PATRICK GREENWOOD v SECRETARY OF STATE FOR HOUSING, COMMUNITIES AND LOCAL GOVERNMENT

PATRICK GREENWOOD v SECRETARY OF STATE FOR HOUSING, COMMUNITIES AND LOCAL GOVERNMENT

The Inspector did assess the impacts of retaining the stable and store block against the alternative of demolition required by Condition 6. The Whitley principle applies, but the lawfulness of the dwelling and enforcement are matters for the Council, not for this statutory review. No error of law was disclosed in the Inspector's decision.

Parties
Claimant: Patrick Greenwood; First Defendant: Secretary of State for Housing, Communities and Local Government; Second Defendant: Wokingham Borough Council; Third Defendant: Sheldon Seal
Jurisdiction
England and Wales
Judgment Date
08 November 2021
Procedural Posture
Statutory Review Under Section 288 Town and Country Planning Act 1990 / Judgment on Application for Statutory Review
Outcome
Application for statutory review dismissed
Legal Topics
Statutory Review, Planning Permission, Condition Precedent, Enforcement, Judicial Review Principles
Administrative Law Planning Law Statutory Review Planning Permission Condition Precedent Enforcement Judicial Review Principles

Case Brief

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Parties

Patrick Greenwood

Claimant

Secretary of State for Housing, Communities and Local Government

First Defendant

Wokingham Borough Council

Second Defendant

Sheldon Seal

Third Defendant

Procedural Posture

Statutory Review Under Section 288 Town and Country Planning Act 1990 / Judgment on Application for Statutory Review

Legal Issues

  1. 1 Whether the Inspector failed to assess the impacts of the proposed development against the correct baseline (2018 permission with Condition 6)
  2. 2 Whether the Whitley principle applies to the breach of Condition 6, rendering the development unlawful

Ratio Decidendi

The Inspector did assess the impacts of retaining the stable and store block against the alternative of demolition required by Condition 6. The Whitley principle applies, but the lawfulness of the dwelling and enforcement are matters for the Council, not for this statutory review. No error of law was disclosed in the Inspector's decision.

Court Disposition

Application for statutory review dismissed