Evans, R (on the application of) v Johnson & Ors

Evans, R (on the application of) v Johnson & Ors

The Council did have regard to the setting of Keveral Barton House and archaeological interests as material considerations. The prior notification procedure is summary and does not require detailed reasons. The decisions not to require prior approval were rational and lawful.

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 / Judgment
Outcome
Claim dismissed
Legal Topics
Prior Notification Procedure, Permitted Development Rights, Listed Buildings, Archaeological Interests, Judicial Review
Planning Law Administrative Law Prior Notification Procedure Permitted Development Rights Listed Buildings Archaeological Interests Judicial Review

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 / Judgment

Legal Issues

  1. 1 Whether the Council failed to consider the impact of proposed agricultural development on the setting of a Grade II* listed building (Keveral Barton House)
  2. 2 Whether the Council failed to consider the impact on archaeological interests in the area

Ratio Decidendi

The Council did have regard to the setting of Keveral Barton House and archaeological interests as material considerations. The prior notification procedure is summary and does not require detailed reasons. The decisions not to require prior approval were rational and lawful.

Court Disposition

Claim dismissed