Parkes, R (On the Application Of) v Dorset Council [2024] EWHC 1253 (Admin) (23 May 2024)

Parkes, R (On the Application Of) v Dorset Council [2024] EWHC 1253 (Admin) (23 May 2024)

Planning control under the Town and Country Planning Act 1990 does not extend below the mean low water mark; the area of Portland Harbour where the Bibby Stockholm is moored is not 'land' for the purposes of the Act, nor does the barge constitute an accretion from the sea or 'land' under s.72 of the Local Government Act 1972; Dorset Council cannot take planning enforcement action regarding the Bibby Stockholm barge.

Citation
[2024] EWHC 1253 (Admin)
Parties
Claimant: Carralyn Parkes; Defendant: Dorset Council; Interested Party: Portland Port Limited; Interested Party: Secretary of State for the Home Department; Interested Party: Secretary of State for Levelling Up, Housing and Communities
Jurisdiction
England and Wales
Judgment Date
23 May 2024
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Geographical Extent of Planning Control, Definition of 'land' Under TCPA 1990, Jurisdiction of Local Planning Authorities, Planning Enforcement Below Mean Low Water Mark, Interpretation of Statutory Boundaries, Environmental Impact Assessment Directive
Planning Law Administrative Law Local Government Law Geographical Extent of Planning Control Definition of 'land' Under TCPA 1990 Jurisdiction of Local Planning Authorities Planning Enforcement Below Mean Low Water Mark Interpretation of Statutory Boundaries +1 more

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Parties

Carralyn Parkes

Claimant

Dorset Council

Defendant

Portland Port Limited

Interested Party

Secretary of State for the Home Department

Interested Party

Secretary of State for Levelling Up, Housing and Communities

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Does planning control under the Town and Country Planning Act 1990 extend below the mean low water mark?
  2. 2 Is the area of Portland Harbour where Bibby Stockholm is moored subject to planning control?
  3. 3 Does the Bibby Stockholm constitute 'land' or an 'accretion from the sea' under s.72 of the Local Government Act 1972?

Ratio Decidendi

Planning control under the Town and Country Planning Act 1990 does not extend below the mean low water mark; the area of Portland Harbour where the Bibby Stockholm is moored is not 'land' for the purposes of the Act, nor does the barge constitute an accretion from the sea or 'land' under s.72 of the Local Government Act 1972; Dorset Council cannot take planning enforcement action regarding the Bibby Stockholm barge.

Court Disposition

Claim dismissed

Orders

  • No declaration granted
  • No mandatory order granted