HADRIAN PROPERTY INVESTMENT LTD v SECRETARY OF STATE FOR LEVELLING UP HOUSING & Anor

HADRIAN PROPERTY INVESTMENT LTD v SECRETARY OF STATE FOR LEVELLING UP HOUSING & Anor

Permission is granted on Ground 1 because the argument that the 'planning unit' approach does not govern permitted development rights under the GPDO crosses the threshold of arguability and should be addressed at a substantive hearing. Permission is refused on Ground 2 because the Inspector gave adequate and intelligible reasons for her decision regarding design issues.

Parties
Claimant: Hadrian Property Investment Ltd; First Defendant: Secretary of State for Levelling Up Housing; Second Defendant: Newcastle City Council; Interested Party: West End Residents Association
Jurisdiction
England and Wales
Judgment Date
17 May 2022
Procedural Posture
Statutory Review / Permission Hearing
Outcome
Permission granted in part; permission refused in part.
Legal Topics
Statutory Review, Planning Permission, Permitted Development Rights, Design Standards, Procedural Fairness
Planning Law Administrative Law Statutory Review Planning Permission Permitted Development Rights Design Standards Procedural Fairness

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Parties

Hadrian Property Investment Ltd

Claimant

Secretary of State for Levelling Up Housing

First Defendant

Newcastle City Council

Second Defendant

West End Residents Association

Interested Party

Procedural Posture

Statutory Review / Permission Hearing

Legal Issues

  1. 1 Whether the 'planning unit' approach governs permitted development rights under the General Permitted Development Order (GPDO)
  2. 2 Whether the Inspector gave legally adequate reasons regarding design issues

Ratio Decidendi

Permission is granted on Ground 1 because the argument that the 'planning unit' approach does not govern permitted development rights under the GPDO crosses the threshold of arguability and should be addressed at a substantive hearing. Permission is refused on Ground 2 because the Inspector gave adequate and intelligible reasons for her decision regarding design issues.

Court Disposition

Permission granted in part; permission refused in part.

Orders

  • Permission for statutory review granted in relation to Appeal A, restricted to Ground 1.
  • Permission for statutory review refused in relation to Appeal B and Ground 2.