A Kent man, who, without planning permission, erected three wooden structures and a wishing well in a conservation area, has failed in his High Court attempt to overturn an inspector’s decision to back an enforcement notice, issued by Canterbury City Council, ordering their removal.
Paul McCleave has since removed the wishing well from the site at 17a, Hollow Street, Chislet, Canterbury, Kent, but the three structures still remained.
The council claimed that the development was contrary to the adopted planning policy of the Canterbury District Local Plan, on the basis that the site was in the Hollow Street and Chislet Frostal Conservation Area, which the Council seek to preserve and enhance.
Upholding their enforcement notice, the inspector found that “the unauthorised works have no reason to be located in this rural area, where, to my mind, they look out of place as unnecessary urban features and they are therefore unacceptable in principle”.
Challenging that decision in the High Court, McCleave argued that the inspector had presumed that “the community was against what I am doing” and pointed out that “there were no objections from my neighbours, they are in favour of what I have, if they had not been in favour they would have objected”. He also claimed that the inspector had treated him unfairly because of his gypsy status.
James Maurici, counsel for the First Secretary of State, said that there was “no indication from the appeal decision that the inspector presumed that the neighbours, or the community, objected”.
He said that the inspector had “undertook his own assessment of the planning merits and based his conclusions upon his planning judgment”.
Refusing McCleave’s application for permission to appeal, Deputy Judge Goudie QC said that the inspector had been entitled to come to the conclusion that he had reached. He ordered McCleave to pay the Secretary of State’s costs, assessed at £1,880.
McCleave v First Secretary of State and another Queen’s Bench Division: Administrative Court (James Goudie QC, sitting as a deputy judge) 5 June 2003.
References: PLS News 5/6/03
