Austin v First Secretary of State

Austin v First Secretary of State

The inspector erred in law by attaching significant weight to the Emerging Local Plan policy H-11, which had not reached a stage justifying such weight, and by imposing a requirement for substantial marketing of the property for employment use that was not supported by the policy or evidence. The inspector also failed to properly consider evidence that the site was unsuitable for employment use. These errors rendered the decision unsustainable.

Parties
Claimant: Keith Austin; First Defendant: The First Secretary of State; Second Defendant: Penwith District Council
Jurisdiction
England and Wales
Judgment Date
06 February 2003
Procedural Posture
Judicial Review / Statutory Appeal / Appeal From Inspector's Decision
Outcome
Appeal allowed
Legal Topics
Weight of Emerging Local Plans, Planning Permission, Conversion of Rural Buildings, Employment Vs Residential Use, Judicial Review of Administrative Decisions
Planning Law Administrative Law Weight of Emerging Local Plans Planning Permission Conversion of Rural Buildings Employment Vs Residential Use Judicial Review of Administrative Decisions

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Parties

Keith Austin

Claimant

The First Secretary of State

First Defendant

Penwith District Council

Second Defendant

Procedural Posture

Judicial Review / Statutory Appeal / Appeal From Inspector's Decision

Legal Issues

  1. 1 Whether the inspector erred in attaching significant weight to the Emerging Local Plan policy H-11
  2. 2 Whether the inspector misapplied the requirement for marketing the property for employment use
  3. 3 Whether the inspector failed to consider evidence regarding the suitability of the site for employment use

Ratio Decidendi

The inspector erred in law by attaching significant weight to the Emerging Local Plan policy H-11, which had not reached a stage justifying such weight, and by imposing a requirement for substantial marketing of the property for employment use that was not supported by the policy or evidence. The inspector also failed to properly consider evidence that the site was unsuitable for employment use. These errors rendered the decision unsustainable.

Court Disposition

Appeal allowed

Orders

  • Inspector's decision letter quashed
  • First Secretary of State to pay claimant's costs in the sum of £5,770.57