Bennett Fergusson Coal Ltd., R (on the application of) v First Secretary of State & Anor [2003] EWHC 1858 (Admin) (16 July 2003)

Bennett Fergusson Coal Ltd., R (on the application of) v First Secretary of State & Anor [2003] EWHC 1858 (Admin) (16 July 2003)

The inspector was entitled to conclude that both the existing and proposed uses were sui generis and materially different in planning terms, and that the County Council's refusal to grant a certificate of lawful use was well-founded. The court found no material flaw in the inspector's reasoning and dismissed the claim.

Citation
[2003] EWHC 1858 (Admin)
Parties
Claimant: Bennett Fergusson Coal Limited; 1st Defendant: First Secretary of State; 2nd Defendant: Derbyshire County Council
Jurisdiction
England and Wales
Judgment Date
16 July 2003
Procedural Posture
Judicial Review / Final Judgment
Outcome
claim dismissed
Legal Topics
Certificate of Lawful Use, Material Change of Use, Use Classes, Sui Generis, Town and Country Planning Act 1990
Planning Law Administrative Law Certificate of Lawful Use Material Change of Use Use Classes Sui Generis Town and Country Planning Act 1990

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Bennett Fergusson Coal Limited

Claimant

First Secretary of State

1st Defendant

Derbyshire County Council

2nd Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the existing and proposed uses fall within the same use class under the Use Classes Order 1987
  2. 2 Whether a change from the existing to the proposed use constitutes a material change of use
  3. 3 Whether the inspector misdirected himself in characterising the uses as sui generis

Ratio Decidendi

The inspector was entitled to conclude that both the existing and proposed uses were sui generis and materially different in planning terms, and that the County Council's refusal to grant a certificate of lawful use was well-founded. The court found no material flaw in the inspector's reasoning and dismissed the claim.

Court Disposition

claim dismissed

Orders

  • Secretary of State awarded costs of £6,080
  • No order as to costs for Derbyshire County Council