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

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

The inspector's decision was lawful as the building was not designed for agricultural purposes, its character and appearance were harmful to the countryside, and there was no error in principle in not considering waste of resources in remedying unauthorised development.

Parties
Claimant: Stuart Harper; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: East Riding of Yorkshire Council
Jurisdiction
England and Wales
Judgment Date
18 May 2010
Procedural Posture
Judicial Review / Final Judgment
Outcome
claim dismissed
Legal Topics
Planning Permission, Enforcement Notice, Permitted Development, Agricultural Buildings
Administrative Law Planning Law Planning Permission Enforcement Notice Permitted Development Agricultural Buildings

Case Brief

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Parties

Stuart Harper

Claimant

Secretary of State for Communities and Local Government

First Defendant

East Riding of Yorkshire Council

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the inspector's decision to refuse planning permission and uphold enforcement notice was lawful
  2. 2 Whether the building was designed for agricultural purposes under the Town and Country Planning (General Permitted Development) Order 1995
  3. 3 Whether the inspector erred in considering the character and appearance of the building

Ratio Decidendi

The inspector's decision was lawful as the building was not designed for agricultural purposes, its character and appearance were harmful to the countryside, and there was no error in principle in not considering waste of resources in remedying unauthorised development.

Court Disposition

claim dismissed

Orders

  • claim dismissed