High Court judgment about the “location or siting” matter within Part 3 Class Q of the GPDO (09/03/2017) …

Introduction:

The following High Court judgment about the "location or siting" matter within Part 3 Class Q of the GPDO (i.e. agricultural-to-residential conversions) was handed down on 09/03/2017:

  • East Hertfordshire District Council v Secretary of State for Communities and Local Government, and Tepper [2017] EWHC 465 (Admin) (9 March 2017).
    [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 advice set out by paragraphs 108 and 109 of the DCLG "Planning Practice Guidance" (PPG). For reference, paragraph 108 starts by stating that "The permitted development right does not apply a test in relation to sustainability of location".

However, it's important to note that the judge does not conclude that sustainability of location is an irrelevant consideration - for more info, please view the sections below.

Background information:

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Key quotes from the above High Court judgment:

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Analysis of the above High Court judgment:

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Further comments by the Planning Jungle website:

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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).
  • In accordance with the "Important Disclaimer" within the "Planning Jungle Limited - Membership Terms and Conditions", please note that the information within this post (like all of the information provided by Planning Jungle Limited) does not constitute legal or other professional advice, and must not be relied on as such.