High Court dismisses reasons challenge relating…

Save the Fox and Hounds Campaign Group Ltd v Secretary of State for Housing, Communities and Local Government [2026] EWHC 4 (Admin), per Sir Peter Lane (sitting as a High Court Judge).

The court has dismissed a section 288 TCPA 1990 challenge by Save The Fox and Hounds Campaign Ltd to an inspector’s decision allowing change of use of the Grade II listed Fox and Hounds Inn, Great Wolford, from a pub to two dwellings, determined on written representations. The background included the pub’s 2016 closure and a sequence of applications, culminating in the section 78 appeal allowed in December 2024; a parallel fourth application was refused in August 2024 on viability grounds despite an officer recommendation.

Ground 1 alleged error in choosing written representations rather than a hearing or inquiry. The court held that under section 319A TCPA 1990 and the PINS Procedural Guide, procedure is a matter of planning judgment; reasons are required only if departing from the appellant’s and LPA’s preferences, which both supported written representations. There was no common law duty to give reasons for this procedural choice, and the judge accepted the inspector’s evidence that he considered requests for a hearing and kept procedure under review.

Ground 2 alleged failure to consider material considerations, particularly 2024 offers to purchase the pub as a going concern. The court found the decision engaged with the Parish Council’s submission, preferred Everard Cole’s viability assessment over Morgan & Clarke’s, and lawfully relied on the officer’s report, which acknowledged but discounted the offers and concluded non-viability. The inspector was aware of the refusal of the fourth application and was not obliged to solicit further third-party comments.

Accordingly, both grounds failed and the claim was dismissed.

Ben Fullbrook acted for the Secretary of State.

Please click here to view the judgment.