McCleave, R (on the application of) v Canterbury City Council

McCleave, R (on the application of) v Canterbury City Council

The claimant's sole argument regarding established land use rights for a small area was not raised at the inquiry, involved new evidence inadmissible at this stage, and would not have affected the outcome. The Inspector's decision was correct in law and procedure.

Parties
Claimant: P McCleave; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Canterbury City Council
Jurisdiction
England and Wales
Judgment Date
16 June 2009
Procedural Posture
Judicial Review and Statutory Appeal / Final Judgment
Outcome
application dismissed
Legal Topics
Planning Permission, Enforcement Notices, Capacity to Conduct Proceedings, Costs
Planning Law Administrative Law Planning Permission Enforcement Notices Capacity to Conduct Proceedings Costs

Case Brief

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Parties

P McCleave

Claimant

Secretary of State for Communities and Local Government

First Defendant

Canterbury City Council

Second Defendant

Procedural Posture

Judicial Review and Statutory Appeal / Final Judgment

Legal Issues

  1. 1 Whether the Inspector erred in dismissing the appeal against refusal of planning permission for change of use to dwelling
  2. 2 Whether the Inspector failed to recognise established land use rights for a small area of the site
  3. 3 Whether the Inspector's conduct of the inquiry was improper

Ratio Decidendi

The claimant's sole argument regarding established land use rights for a small area was not raised at the inquiry, involved new evidence inadmissible at this stage, and would not have affected the outcome. The Inspector's decision was correct in law and procedure.

Court Disposition

application dismissed

Orders

  • Claimant to pay first defendant's costs assessed at £5,000