Introduction:
The following High Court judgment about the term "convert" within Part 3 Class Q of the GPDO (i.e. agricultural-to-residential conversions) was handed down on 09/11/2016:
- Hibbitt, and Another v Secretary of State for Communities and Local Government, and Rushcliffe Borough Council [2016] EWHC 2853 (Admin) (9 November 2016).
[Note: The transcript for the above High Court judgment is available as a free-to-view transcript on the Bailii.org website (link)].
In my opinion, the above judgment supports the conclusion that Part 3 Class Q of the GPDO allows a "conversion", but does not allow a "rebuild or fresh build".
Further information:
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How the above High Court judgment relates to other Classes within Part 3 of the GPDO:
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How the above High Court judgment relates to appeal decisions:
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Previous Court of Appeal judgment relating to the term "conversion":
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How the above High Court judgment relates to paragraph 55 of the NPPF:
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Notes:
- The Planning Jungle website does not normally summarise court judgments. This is because a number of other websites already provide such a service, whereas the Planning Jungle website primarily summarises appeal decisions (particularly "LDC Appeals" relating to Part 1 of the GPDO). For such appeal decisions, where an Inspector refers to a court judgment within their decision notice, then this will normally be shown within the summary on the Planning Jungle website (because each summary normally includes quotes from the decision notice).
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