Save Britain's Heritage, R (on the application of) v Herefordshire County Council

Save Britain's Heritage, R (on the application of) v Herefordshire County Council

The Council's officer, in the exercise of planning judgment, found that the building was neither unsafe nor uninhabitable, so the exclusion in paragraph B.1(a) of Class B did not apply. The reasons for the decision were adequately set out in the delegated decision report. Errors in the solicitor's letter were immaterial as they did not form part of the decision. The claim for judicial review fails as the statutory test was properly applied and the duty to give reasons was discharged.

Parties
Claimant: The King on the application of Save Britain's Heritage; Defendant: Herefordshire County Council; Interested Party: Gerard Davies
Jurisdiction
England and Wales
Judgment Date
25 November 2022
Procedural Posture
Judicial Review / Final Judgment After Rolled Up Hearing
Outcome
Claim dismissed
Legal Topics
Permitted Development Rights, Demolition of Buildings, Judicial Review Procedure, Interpretation of Statutory Provisions, Duty to Give Reasons
Planning Law Administrative Law Permitted Development Rights Demolition of Buildings Judicial Review Procedure Interpretation of Statutory Provisions Duty to Give Reasons

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Parties

The King on the application of Save Britain's Heritage

Claimant

Herefordshire County Council

Defendant

Gerard Davies

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether the Council erred in its interpretation and application of paragraph B.1(a) of Class B, Part 11 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015 (GPDO 2015)
  2. 2 Whether the Council failed to provide an adequate and intelligible record of the decision and its reasons as required by the Openness of Local Government Regulations 2014

Ratio Decidendi

The Council's officer, in the exercise of planning judgment, found that the building was neither unsafe nor uninhabitable, so the exclusion in paragraph B.1(a) of Class B did not apply. The reasons for the decision were adequately set out in the delegated decision report. Errors in the solicitor's letter were immaterial as they did not form part of the decision. The claim for judicial review fails as the statutory test was properly applied and the duty to give reasons was discharged.

Court Disposition

Claim dismissed

Orders

  • Permission to apply for judicial review granted on Ground 1
  • Permission refused on Ground 2