Evans, R (on the application of) v Johnson & Ors [2013] EWHC 4109 (Admin) (20 December 2013)

Evans, R (on the application of) v Johnson & Ors [2013] EWHC 4109 (Admin) (20 December 2013)

The Council did have regard to the setting of Keveral Barton House and archaeological interests as material considerations in determining whether prior approval was required for the proposed agricultural buildings. The summary nature of the prior approval procedure does not require detailed reasons in officer reports. The decisions not to require prior approval were rational and lawful.

Citation
[2013] EWHC 4109 (Admin)
Parties
Claimant: Philip John Evans; Defendant: Cornwall Council; Interested Party: Kevin Johnson; Interested Party: Keveral Sustainable Land Holdings Ltd; Interested Party: William Knight; Interested Party: One Community Limited
Jurisdiction
England and Wales
Judgment Date
20 December 2013
Procedural Posture
Judicial Review / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Judicial Review of Planning Decisions, Permitted Development Rights, Prior Approval Procedure, Listed Buildings, Archaeological Interests
Administrative Law Planning Law Judicial Review of Planning Decisions Permitted Development Rights Prior Approval Procedure Listed Buildings Archaeological Interests

Case Brief

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Parties

Philip John Evans

Claimant

Cornwall Council

Defendant

Kevin Johnson

Interested Party

Keveral Sustainable Land Holdings Ltd

Interested Party

William Knight

Interested Party

One Community Limited

Interested Party

Procedural Posture

Judicial Review / High Court Judgment

Legal Issues

  1. 1 Whether Cornwall Council failed to take into account the impact of proposed agricultural buildings on the setting of a Grade II* listed building (Keveral Barton House)
  2. 2 Whether Cornwall Council failed to consider archaeological interests in the area when determining if prior approval was required

Ratio Decidendi

The Council did have regard to the setting of Keveral Barton House and archaeological interests as material considerations in determining whether prior approval was required for the proposed agricultural buildings. The summary nature of the prior approval procedure does not require detailed reasons in officer reports. The decisions not to require prior approval were rational and lawful.

Court Disposition

Claim dismissed