Best Holdings (UK) Limited v Secretary of State for Levelling Up, Housing and Communities & Anor

Best Holdings (UK) Limited v Secretary of State for Levelling Up, Housing and Communities & Anor

Permission to bring the s.288 statutory review is granted because there is a properly arguable case that the Inspector's finding of material change of use was procedurally unfair, depriving the Claimant of opportunity to make representations contrary to principles of natural justice.

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 / Permission Application (renewed Oral)
Outcome
Permission to bring statutory review granted on Grounds 1 and 2; Ground 3 not considered at this stage.
Legal Topics
Statutory Review, Procedural Fairness, Certificate of Lawful Development, Material Change of Use
Administrative Law Planning Law Statutory Review Procedural Fairness Certificate of Lawful Development Material Change of Use

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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 / Permission Application (renewed Oral)

Legal Issues

  1. 1 Whether the Inspector's finding of a material change of use since the 2018 LDC was procedurally unfair
  2. 2 Whether parties were deprived of opportunity to comment on Inspector's view of current use
  3. 3 Whether Inspector failed to give adequate reasons and acted irrationally

Ratio Decidendi

Permission to bring the s.288 statutory review is granted because there is a properly arguable case that the Inspector's finding of material change of use was procedurally unfair, depriving the Claimant of opportunity to make representations contrary to principles of natural justice.

Court Disposition

Permission to bring statutory review granted on Grounds 1 and 2; Ground 3 not considered at this stage.

Orders

  • Permission to bring s.288 statutory review granted on Grounds 1 and 2.
  • Parties to communicate regarding appropriate form of order for substantive hearing.