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

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

The challenge to the tree preservation order is dismissed as out of time. The inspector lawfully concluded that the proposed building was not wholly agricultural and did not fall within the exceptions for new buildings in the Green Belt under the NPPF. The inspector's reasoning on openness and use was unimpeachable,...

Source-derived case information.

Parties
Applicant: Winstanley; First Defendant: Secretary of State for Communities & Local Government; Second Defendant: Rotherham Borough Council
Jurisdiction
England and Wales
Judgment Date
06 October 2015
Procedural Posture
Judicial Review (section 288 Town & Country Planning Act 1990) / Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Judicial Review of Planning Decisions, Tree Preservation Orders, Green Belt Policy, Costs in Judicial Review
Administrative Law Planning Law Judicial Review of Planning Decisions Tree Preservation Orders Green Belt Policy Costs in Judicial Review

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Parties

Winstanley

Applicant

Secretary of State for Communities & Local Government

First Defendant

Rotherham Borough Council

Second Defendant

Procedural Posture

Judicial Review (section 288 Town & Country Planning Act 1990) / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the challenge to the 1990 tree preservation order is time-barred
  2. 2 Whether the inspector erred in dismissing the planning appeal for a horse-training barn and hay storage in the Green Belt
  3. 3 Whether the inspector failed to consider relevant exceptions under the National Planning Policy Framework (NPPF)

Ratio Decidendi

The challenge to the tree preservation order is dismissed as out of time. The inspector lawfully concluded that the proposed building was not wholly agricultural and did not fall within the exceptions for new buildings in the Green Belt under the NPPF. The inspector's reasoning on openness and use was unimpeachable, and any alleged error regarding the classification of indoor horse training was immaterial given the finding on openness. There was no evidence of bias. The claim is dismissed and the applicant is ordered to pay the first defendant's costs.

Court Disposition

Claim dismissed

Orders

  • Claim dismissed in its entirety
  • Applicant to pay first defendant's costs summarily assessed at £5,148