Fox v First Secretary of State
The Inspector was entitled to conclude, as a matter of fact and degree, that the land was used for a mixed use for agriculture and the keeping of horses, not merely for grazing, and that the enforcement notice was valid; conservation improvements and public support did not justify the development in a special landscape area.
- Parties
- Claimant: R H Fox; First Defendant: The First Secretary of State; Second Defendant: Kettering Borough Council
- Jurisdiction
- England and Wales
- Judgment Date
- 31 March 2003
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Enforcement Notice, Change of Use, Mixed Use, Agricultural Land, Planning Permission, Special Landscape Area
Case Brief
Summary, issues, holding and outcome
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Parties
R H Fox
Claimant
The First Secretary of State
First Defendant
Kettering Borough Council
Second Defendant
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the Inspector applied the correct legal test for grazing versus keeping horses
- 2 Whether the land was used predominantly for grazing or mixed use
- 3 Whether conservation improvements justified development
Ratio Decidendi
The Inspector was entitled to conclude, as a matter of fact and degree, that the land was used for a mixed use for agriculture and the keeping of horses, not merely for grazing, and that the enforcement notice was valid; conservation improvements and public support did not justify the development in a special landscape area.
Court Disposition
appeal dismissed
Orders
- The appeal is dismissed.
- The appellant is to pay the first defendant's costs, summarily assessed at £3,657.25.
Full Case Text
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