Carralyn Parkes, R (on the application of) v Dorset Council

Carralyn Parkes, R (on the application of) v Dorset Council

Planning control under the Town and Country Planning Act 1990 does not extend below the mean low water mark. The sea bed where the Bibby Stockholm is moored is not 'land' within the meaning of s.336(1) TCPA 1990, and Dorset Council has no jurisdiction to take enforcement action in respect of the barge's stationing and use. The Marleasing principle cannot be used to extend the statutory definition of 'land' or the geographical scope of planning control.

Parties
Claimant: Carralyn Parkes; Defendant: Dorset Council; First Interested Party: Portland Port Limited; Second Interested Party: Secretary of State for the Home Department; Third Interested Party: Secretary of State for Levelling Up, Housing and Communities
Jurisdiction
England and Wales
Judgment Date
23 May 2024
Procedural Posture
Judicial Review / Substantive Judgment After Rolled Up Hearing
Outcome
Application for judicial review dismissed
Legal Topics
Geographical Extent of Planning Control, Definition of Land Under TCPA 1990, Jurisdiction of Local Planning Authorities, Interpretation of Local Government Boundaries, Application of EIA Directive, Marleasing Principle
Planning Law Administrative Law Local Government Law Geographical Extent of Planning Control Definition of Land Under TCPA 1990 Jurisdiction of Local Planning Authorities Interpretation of Local Government Boundaries Application of EIA Directive +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 29 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Carralyn Parkes

Claimant

Dorset Council

Defendant

Portland Port Limited

First Interested Party

Secretary of State for the Home Department

Second Interested Party

Secretary of State for Levelling Up, Housing and Communities

Third Interested Party

Procedural Posture

Judicial Review / Substantive Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Does planning control under the Town and Country Planning Act 1990 extend below the mean low water mark (LWM)?
  2. 2 Does the area of Portland Harbour, specifically the sea bed where the Bibby Stockholm is moored, fall within the jurisdiction of Dorset Council for planning purposes?
  3. 3 Does the definition of 'land' in s.336(1) TCPA 1990 include the sea bed below LWM?

Ratio Decidendi

Planning control under the Town and Country Planning Act 1990 does not extend below the mean low water mark. The sea bed where the Bibby Stockholm is moored is not 'land' within the meaning of s.336(1) TCPA 1990, and Dorset Council has no jurisdiction to take enforcement action in respect of the barge's stationing and use. The Marleasing principle cannot be used to extend the statutory definition of 'land' or the geographical scope of planning control.

Court Disposition

Application for judicial review dismissed

Orders

  • Permission to apply for judicial review granted on ground (1) only, but claim dismissed on all grounds
  • Permission refused on grounds (2) to (5)