Libra Homes Ltd v First Secretary of State

Libra Homes Ltd v First Secretary of State

The inspector did not err in law by including 'way-of-life' or owner/manager operators in the 'average competent operator' test under the SPG, as this reflected the reality of the Bournemouth hotel market and the purpose of the guidance. The inspector was not required to specify a precise figure for the cost of...

Source-derived case information.

Parties
Claimant: Libra Homes Limited; Defendant: First Secretary of State; Defendant: Bournemouth Borough Council
Jurisdiction
England and Wales
Judgment Date
30 November 2006
Procedural Posture
Judicial Review (section 288 Town and Country Planning Act 1990) / Judgment on Application to Quash Planning Inspector's Decision
Outcome
Application dismissed
Legal Topics
Loss of Tourist Accommodation, Interpretation of Supplementary Planning Guidance, Viability Test for Hotel Use, Judicial Review of Planning Decisions
Planning Law Administrative Law Loss of Tourist Accommodation Interpretation of Supplementary Planning Guidance Viability Test for Hotel Use Judicial Review of Planning Decisions

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Parties

Libra Homes Limited

Claimant

First Secretary of State

Defendant

Bournemouth Borough Council

Defendant

Procedural Posture

Judicial Review (section 288 Town and Country Planning Act 1990) / Judgment on Application to Quash Planning Inspector's Decision

Legal Issues

  1. 1 Whether the planning inspector erred in law in interpreting and applying the 'average competent operator' test in the supplementary planning guidance (SPG)
  2. 2 Whether the inspector failed to properly assess or give reasons regarding the cost of reinstatement of the hotel, particularly mechanical and electrical works

Ratio Decidendi

The inspector did not err in law by including 'way-of-life' or owner/manager operators in the 'average competent operator' test under the SPG, as this reflected the reality of the Bournemouth hotel market and the purpose of the guidance. The inspector was not required to specify a precise figure for the cost of reinstatement, as the market would adjust value accordingly, and the claimant failed to demonstrate that the premises were incapable of being made viable. The application to quash the inspector's decision is dismissed.

Court Disposition

Application dismissed

Orders

  • Application to quash inspector's decision is dismissed
  • Costs summarily assessed at £10,000 payable by the claimant to the defendant