HERBERT HILEY v THE SECRETARY OF STATE FOR LEVELLING UP, HOUSING AND COMMUNITIES

HERBERT HILEY v THE SECRETARY OF STATE FOR LEVELLING UP, HOUSING AND COMMUNITIES

The Inspector misapplied the legal principles governing curtilage, relying on erroneous criteria such as smallness and enclosure, contrary to the 'part and parcel' test established in Methuen-Campbell and affirmed in Blackbushe Airport. The decision was legally erroneous and cannot stand.

Parties
Appellant: Herbert Hiley; First Respondent: The Secretary of State for Levelling Up, Housing and Communities; Second Respondent: East Lindsey District Council
Jurisdiction
England and Wales
Judgment Date
27 May 2022
Procedural Posture
Statutory Appeal Under S 288 Town and Country Planning Act 1990 / Judgment on Appeal Against Inspector's Decision
Outcome
Appeal allowed; Inspector's decision quashed; matter remitted for fresh decision.
Legal Topics
Curtilage Determination, Certificate of Lawfulness, Permitted Development, Statutory Appeals, Planning Units
Planning Law Administrative Law Curtilage Determination Certificate of Lawfulness Permitted Development Statutory Appeals Planning Units

Case Brief

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Parties

Herbert Hiley

Appellant

The Secretary of State for Levelling Up, Housing and Communities

First Respondent

East Lindsey District Council

Second Respondent

Procedural Posture

Statutory Appeal Under S 288 Town and Country Planning Act 1990 / Judgment on Appeal Against Inspector's Decision

Legal Issues

  1. 1 Whether the Inspector erred in law in determining the curtilage of industrial buildings under the Town and Country Planning Act 1990
  2. 2 Proper legal test for curtilage in planning law

Ratio Decidendi

The Inspector misapplied the legal principles governing curtilage, relying on erroneous criteria such as smallness and enclosure, contrary to the 'part and parcel' test established in Methuen-Campbell and affirmed in Blackbushe Airport. The decision was legally erroneous and cannot stand.

Court Disposition

Appeal allowed; Inspector's decision quashed; matter remitted for fresh decision.

Orders

  • Inspector's decision quashed
  • Matter remitted to Secretary of State for a fresh decision under s 195