Holding, R (on the application of) v First Secretary of State

Holding, R (on the application of) v First Secretary of State

The Inspector did not misdirect himself in law or act procedurally unfairly; the findings were open to him on the evidence and the appeal must be dismissed.

Source-derived case information.

Parties
Claimant: Geoffrey Ross Holding; Defendant: First Secretary of State
Jurisdiction
England and Wales
Judgment Date
14 November 2003
Procedural Posture
Judicial Review / Judgment
Outcome
appeal dismissed
Legal Topics
Planning Permission, Change of Use, Procedural Fairness, Costs
Planning Law Administrative Law Planning Permission Change of Use Procedural Fairness Costs

Source-derived case record

Summary, issues, holding and outcome

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Parties

Geoffrey Ross Holding

Claimant

First Secretary of State

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Planning Inspector erred in dismissing the appeal against refusal of planning permission for change of use of an annex to a separate dwelling
  2. 2 Whether the Inspector misapplied development plan policies by conflating 'development' and 'change of use'
  3. 3 Whether there was procedural unfairness in the Inspector's reliance on plot size without warning the appellants

Ratio Decidendi

The Inspector did not misdirect himself in law or act procedurally unfairly; the findings were open to him on the evidence and the appeal must be dismissed.

Court Disposition

appeal dismissed

Orders

  • Claim dismissed
  • Claimant to pay defendant's costs assessed at £2,800