Hayes, R (on the application of) v Stroud District Council

Hayes, R (on the application of) v Stroud District Council

The statutory condition at A.2(5) of the GPDO is triggered when the use of the building for agriculture ceases, including when replaced by a mixed use or another use, even if some agricultural use continues. The council failed to consider this material consideration when granting planning permission, rendering the decision legally flawed and subject to quashing.

Parties
Claimant: Hayes; Defendant: Stroud District Council
Jurisdiction
England and Wales
Judgment Date
18 August 2022
Procedural Posture
Judicial Review / Judgment After Oral Hearing
Outcome
Claim allowed; planning permission quashed
Legal Topics
Permitted Development Rights, Material Considerations, Statutory Construction, Agricultural Use, Change of Use, Retrospective Planning Permission
Planning Law Administrative Law Permitted Development Rights Material Considerations Statutory Construction Agricultural Use Change of Use Retrospective Planning Permission

Case Brief

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Parties

Hayes

Claimant

Stroud District Council

Defendant

Procedural Posture

Judicial Review / Judgment After Oral Hearing

Legal Issues

  1. 1 Whether the local planning authority 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 a change of use of barn B from agriculture to firewood processing and storage.
  2. 2 Whether the condition at A.2(5) of the GPDO was triggered by the change of use or mixed use of barn B.

Ratio Decidendi

The statutory condition at A.2(5) of the GPDO is triggered when the use of the building for agriculture ceases, including when replaced by a mixed use or another use, even if some agricultural use continues. The council failed to consider this material consideration when granting 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 the defendant is quashed.