Davis v Secretary of State for Communities and Local Government & Anor

Field Shelter C and associated structures constituted permanent buildings requiring planning permission; the Inspector applied the correct legal tests and reasoning, and the appellant failed to demonstrate error of law or very special circumstances justifying the development in the Green Belt.

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: Planning Appeal Under S 289 Town and Country Planning Act 1990 / Judgment on Appeal
Outcome: Appeal dismissed
Legal Topics: Green Belt Development, Enforcement Notice, Planning Permission, Operational Development, Interpretation of Planning Conditions

Planning Law Administrative Law Green Belt Development Enforcement Notice Planning Permission Operational Development Interpretation of Planning Conditions

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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

Planning Appeal Under S 289 Town and Country Planning Act 1990 / Judgment on Appeal

Legal Issues

1 Whether Field Shelter C constituted a permanent building requiring planning permission
2 Whether the Inspector erred in not granting planning permission for the structures
3 Whether the Inspector should have made a split decision on the deemed application

Ratio Decidendi

Court Disposition

Appeal dismissed