Farmbuilding — Conversion to dwelling — Structure plan policy — National policy guidelines — Conflict of policies — Inspector applying national policies — Whether decision unlawful — Application by local planning authority dismissed
The Secretary of State for the Environment, by the decision of his inspector dated July 20 1989, allowed an appeal by the second respondent, Mr Seymour, against a refusal of the applicant council to grant planning permission for the conversion of a barn at Beeby House Farm, Beeby, Leicester. The council applied under section 245 of the Town and Country Planning Act 1971 to quash that decision on the grounds that the inspector (1) failed to take into account structure plan policies; (2) did not apply the test that having regard to local policies and circumstances there are convincing reasons which cannot be overcome by attaching conditions to the planning permission; (3) failed to give any or sufficient reasons for his decision; and (4) failed to give the parties an opportunity to make representations upon the interpretation and applicability of national policy, namely Planning Policy Guidance Notes 2 and 7 affirming Circular 16/87.
Held The application was dismissed.
The inspector accepted that the barn was not of any particular architectural or historic merit which would meet the requirements for conversion as set in Policy L/SE19 of the Leicestershire County Structure Plan 1987. But he found that these requirements did not form part of the national policy guidance and referred to para 18 of PPG 7. He was entitled to conclude that the barn fell within the scope of current national policies. He had correctly applied those policies. The inspector had had regard to the local policies, but was entitled to prefer and apply national policies.
There was no obligation on the inspector to invite further representations on national policies; this was not a new issue to the parties.
Camden London Borough Council v Secretary of State for the Environment
[1989] 2 PLR 79 distinguished.
Anne Williams (instructed by Sharpe Pritchard) appeared for the applicant; Alison Foster (instructed by the Treasury Solicitor) appeared for the first respondent, the Secretary of State for the Environment; and T Davey (instructed by Phillips & Powell, of Syston) appeared for the second respondent, Mr P Seymour.
