Wilsdon, R (on the application of) v First Secretary of State & Anor

Wilsdon, R (on the application of) v First Secretary of State & Anor

The Inspector was entitled to consider the building's size, permanence, construction, and the credibility of the appellant's intention to remove it. The Inspector lawfully concluded that the building was not genuinely required temporarily in connection with the development, and thus did not fall within Class A, Part 4 of Schedule 2 to the GPDO. The appeal was therefore dismissed.

Parties
Appellant: Wilsdon; First Respondent: First Secretary of State; Second Respondent: Tewkesbury Borough Council
Jurisdiction
England and Wales
Judgment Date
06 November 2006
Procedural Posture
Judicial Review / Statutory Appeal / Final Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Enforcement Notice Appeal, Permitted Development, Temporary Buildings, Costs
Planning Law Administrative Law Enforcement Notice Appeal Permitted Development Temporary Buildings Costs

Case Brief

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Parties

Wilsdon

Appellant

First Secretary of State

First Respondent

Tewkesbury Borough Council

Second Respondent

Procedural Posture

Judicial Review / Statutory Appeal / Final Judgment on Appeal

Legal Issues

  1. 1 Whether the building erected by the appellant was 'required temporarily' within the meaning of Class A, Part 4, Schedule 2 of the Town and Country Planning (General Permitted Development) Order 1995 (GPDO)
  2. 2 Whether the Inspector erred in law in dismissing the ground (c) appeal against the enforcement notice

Ratio Decidendi

The Inspector was entitled to consider the building's size, permanence, construction, and the credibility of the appellant's intention to remove it. The Inspector lawfully concluded that the building was not genuinely required temporarily in connection with the development, and thus did not fall within Class A, Part 4 of Schedule 2 to the GPDO. The appeal was therefore dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Appellant to pay the first respondent's costs, summarily assessed at £5,000