In Upton Historic Parkland Conservation Group v SSCLG, in a decision dated 18 February 2019, Mrs Justice Andrews has quashed a decision of an Inspector that granted prior approval to a developer to change an agricultural barn into flexible commercial use.
The Inspector had previously allowed the developer’s appeal, accepting that the agricultural barn had been in sole agricultural use, as required by Schedule 2, Part 3, Class R of the Town and Country (General Permitted Development) (England) Order 2015.
Upton Historic Parkland Conservation Group (the “Conservation Group”), concerned about the effect of this development on the Hill Parkland, challenged the Secretary of State’s decision, pursuant to s288 of the Town and Country Planning Act 1990.
Mrs Justice Andrews agreed with the Conservation Group that the Inspector had applied the wrong test – whether the barn had been used solely for non-agricultural use rather than whether the barn had been used solely for agricultural use – and allowed the Conservation Group’s claim.
Yaaser Vanderman represented the Claimant.