Cases - Taylor & Sons (Farms) v Secretary of State for the Environment, Transport and the Regions
Record details
- Name
- Taylor & Sons (Farms) v Secretary of State for the Environment, Transport and the Regions
- Date
- [2001]; [2002]
- Citation
- EWCA Civ 1254; 1 PLR 16
- Legislation
- Keywords
- Planning control - Town and Country Planning (General Permitted Development) Order 1995
- Summary
-
The appellant constructed a large hardstanding on his farm without planning permission. An enforcement notice was served requiring the removal of the hardstanding and the appellant appealed by written representations on various grounds including ground (f). The notices were upheld on appeal.
The appellant claimed that the inspector should have varied the notice so as to leave that much of the hardstanding as was reasonably necessary for the purposes of agriculture and therefore permitted development within the GPDO. If there was no material before her upon which to decide which area to choose, she should have asked for further submissions.
The Court of Appeal held that appellant should contemplate the possibility of failure in the appeal (appealing on ground (f) shows this is the position). If there is a fallback position it should be made clear in the submissions. The appellant was professionally advised and the advisers had chosen not to make any submissions in detail under ground (f). In these circumstances any failure by the inspector to advert in her decision letter to the possibility of asking for further submissions did not amount to an error of law.