Shaikh, R (on the application of) v Secretary of State for Communities & Local Government & Anor

Shaikh, R (on the application of) v Secretary of State for Communities & Local Government & Anor

The Planning Inspector's decision was not erroneous in law or irrational; the introduction of a boundary fence was out of character with the open plan estate and contrary to policy GS5. The claim is dismissed.

Parties
Claimant: Nabil Omar Shaikh; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Northampton Borough Council
Jurisdiction
England and Wales
Judgment Date
08 December 2008
Procedural Posture
Judicial Review / Judgment
Outcome
claim dismissed
Legal Topics
Planning Permission, Enforcement Notice, Judicial Review, Costs Assessment
Planning Law Administrative Law Planning Permission Enforcement Notice Judicial Review Costs Assessment

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Parties

Nabil Omar Shaikh

Claimant

Secretary of State for Communities and Local Government

First Defendant

Northampton Borough Council

Second Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Planning Inspector erred in law or acted irrationally in dismissing the claimant's appeal against refusal of planning permission for a boundary fence
  2. 2 Whether the Planning Inspector's decision was contrary to policy GS5 of the Northamptonshire County Structure Plan
  3. 3 Whether the costs claimed by the first defendant were reasonable

Ratio Decidendi

The Planning Inspector's decision was not erroneous in law or irrational; the introduction of a boundary fence was out of character with the open plan estate and contrary to policy GS5. The claim is dismissed.

Court Disposition

claim dismissed

Orders

  • Claim dismissed
  • Claimant to pay first defendant's costs assessed at £4,000