Flint & Anor, R (On the Application Of) v South Gloucestershire Council

Flint & Anor, R (On the Application Of) v South Gloucestershire Council

The authority's decision to define the planning unit as the land edged red on the site plan was a rational planning judgment based on evidence over the relevant 10-year period; the certificate's description of use as a shooting school was sufficiently precise, and further particularisation regarding numbers or...

Source-derived case information.

Parties
Claimant: Ian Flint; Claimant: Karen Pinker; Defendant: South Gloucestershire Council; Interested Party: Lady’s Wood 2013 Limited; Interested Party: Ernest Richard Hemmings
Jurisdiction
England and Wales
Judgment Date
02 September 2016
Procedural Posture
Judicial Review / Final Judgment
Outcome
claim dismissed
Legal Topics
Lawful Development Certificate, Planning Unit Definition, Breach of Planning Conditions, Precision in Certificates, Intensification of Use
Planning Law Administrative Law Lawful Development Certificate Planning Unit Definition Breach of Planning Conditions Precision in Certificates Intensification of Use

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Parties

Ian Flint

Claimant

Karen Pinker

Claimant

South Gloucestershire Council

Defendant

Lady’s Wood 2013 Limited

Interested Party

Ernest Richard Hemmings

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the local authority applied the correct legal test to define the planning unit for a lawful development certificate under section 191 of the Town and Country Planning Act 1990
  2. 2 Whether the certificate should have particularised the scale of breach by reference to number of persons instructed and cartridge type

Ratio Decidendi

The authority's decision to define the planning unit as the land edged red on the site plan was a rational planning judgment based on evidence over the relevant 10-year period; the certificate's description of use as a shooting school was sufficiently precise, and further particularisation regarding numbers or cartridge type was not legally required.

Court Disposition

claim dismissed

Orders

  • Claim dismissed
  • Any consequential matters to be determined by written submissions if not agreed, to be filed by noon on 19 September 2016