Cases - R v Sevenoaks DC, ex parte Palley
Record details
- Name
- R v Sevenoaks DC, ex parte Palley
- Date
- [1994]
- Citation
- EGCS 148
- Legislation
- Keywords
- Planning control
- Summary
-
An application to determine whether a glasshouse needed prior approval was made in 1992. If it was on land comprised in an agricultural unit it would be permitted development unless it was within 25 metres of a classified road. When it transpired that the proposed glasshouse was not within 25 metres of a road the authority required no further details. A glasshouse was erected in 1994. A neighbouring landowner claimed that the land was not agricultural but the local authority refused to take enforcement action. The neighbour sought judicial review.
Mr Justice Tucker found that the question whether land was in use for agriculture was not likely to be a straightforward paper inquiry and might require site inspections, etc. As the council gave the most cursory attention to the question, the decision not to take enforcement action proceeded on a false basis.