Hayes, R (On the Application Of) v Stroud District Council [2022] EWHC 2661 (Admin) (18 August 2022)

Hayes, R (On the Application Of) v Stroud District Council [2022] EWHC 2661 (Admin) (18 August 2022)

The requirement of condition A.2(5) of the GPDO was triggered when the use of barn B changed from solely agricultural to a mixed or non-agricultural use. The Council failed to consider this material consideration when granting retrospective planning permission, rendering the decision legally flawed and subject to quashing.

Citation
[2022] EWHC 2661 (Admin)
Parties
Claimant: Hayes; Defendant: Stroud District Council
Jurisdiction
England and Wales
Judgment Date
18 August 2022
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed; planning permission quashed
Legal Topics
Permitted Development Rights, Planning Permission, Material Considerations, Statutory Construction
Planning Law Administrative Law Permitted Development Rights Planning Permission Material Considerations Statutory Construction

Case Brief

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Parties

Hayes

Claimant

Stroud District Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Council failed to take into account a material consideration, namely the triggering of condition A.2(5) of the GPDO, when granting retrospective planning permission for barn B
  2. 2 Proper interpretation of condition A.2(5) of the GPDO regarding cessation of agricultural use

Ratio Decidendi

The requirement of condition A.2(5) of the GPDO was triggered when the use of barn B changed from solely agricultural to a mixed or non-agricultural use. The Council failed to consider this material consideration when granting retrospective planning permission, rendering the decision legally flawed and subject to quashing.

Court Disposition

Claim allowed; planning permission quashed

Orders

  • The decision to grant planning permission on 12 July 2021 by Stroud District Council is quashed.