Davis v Secretary of State for Communities and Local Government & Anor [2016] EWHC 274 (Admin) (16 February 2016)

Davis v Secretary of State for Communities and Local Government & Anor [2016] EWHC 274 (Admin) (16 February 2016)

The Inspector was entitled to find that Field Shelter C and the main group of structures were permanent buildings requiring planning permission, that their presence constituted inappropriate development in the Green Belt, and that no very special circumstances justified granting permission; the Inspector gave adequate reasons and applied the correct legal tests.

Citation
[2016] EWHC 274 (Admin)
Parties
Appellant: Christine Davis; First Respondent: Secretary of State for Communities and Local Government; Second Respondent: Lichfield District Council
Jurisdiction
England and Wales
Judgment Date
16 February 2016
Procedural Posture
Statutory Planning Appeal Under S 289 Town and Country Planning Act 1990 / High Court Appeal From Planning Inspector's Decision
Outcome
Appeal dismissed
Legal Topics
Green Belt Development, Enforcement Notice, Operational Development, Planning Conditions, Statutory Appeal, Interpretation of Planning Permission, Very Special Circumstances, Visual Amenity, Consistency in Planning Decisions
Planning Law Administrative Law Green Belt Development Enforcement Notice Operational Development Planning Conditions Statutory Appeal Interpretation of Planning Permission +3 more

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Parties

Christine Davis

Appellant

Secretary of State for Communities and Local Government

First Respondent

Lichfield District Council

Second Respondent

Procedural Posture

Statutory Planning Appeal Under S 289 Town and Country Planning Act 1990 / High Court Appeal From Planning Inspector's Decision

Legal Issues

  1. 1 Whether Field Shelter C constituted a building requiring planning permission
  2. 2 Whether the Planning Inspector erred in law in upholding the enforcement notice
  3. 3 Whether planning permission ought to be granted for the structures and hardstandings

Ratio Decidendi

The Inspector was entitled to find that Field Shelter C and the main group of structures were permanent buildings requiring planning permission, that their presence constituted inappropriate development in the Green Belt, and that no very special circumstances justified granting permission; the Inspector gave adequate reasons and applied the correct legal tests.

Court Disposition

Appeal dismissed