Winstanley, R (on the application of) v Secretary of State for Communities & Local Government & Anor [2015] EWHC 3527 (Admin) (06 October 2015)

Winstanley, R (on the application of) v Secretary of State for Communities & Local Government & Anor [2015] EWHC 3527 (Admin) (06 October 2015)

The inspector lawfully concluded that the proposed building had non-agricultural uses and would harm the openness of the green belt; the challenge to the tree preservation order was out of time; no procedural defect or bias was established.

Citation
[2015] EWHC 3527 (Admin)
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 Under Section 288 Town & Country Planning Act 1990 / Final Judgment
Outcome
Claim dismissed
Legal Topics
Tree Preservation Orders, Green Belt Policy, Planning Permission, Costs
Administrative Law Planning Law Tree Preservation Orders Green Belt Policy Planning Permission Costs

Case Brief

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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 Under Section 288 Town & Country Planning Act 1990 / Final Judgment

Legal Issues

  1. 1 Whether the challenge to the 1990 tree preservation order is valid
  2. 2 Whether the inspector's decision on planning permission for a horse-training barn and hay storage in the green belt was lawful
  3. 3 Whether the inspector erred in characterising the use as non-agricultural

Ratio Decidendi

The inspector lawfully concluded that the proposed building had non-agricultural uses and would harm the openness of the green belt; the challenge to the tree preservation order was out of time; no procedural defect or bias was established.

Court Disposition

Claim dismissed

Orders

  • Applicant to pay First Defendant's costs summarily assessed at £5,148
  • Applicant may submit costs application within seven days; defendants may respond within twenty-one days; applicant may reply within further seven days