In Suarez v Secretary of State for Communities and Local Government and Forest of Dean DC (CO/3596/2016), His Honour Judge Jarman QC sitting as a High Court Judge in the Planning Court in Bristol has quashed two s78 appeals in respect of development of developments relating to dwellings needed to protect high-value eventer horses.
The inspector had failed to give adequate reasons for not following the unchallenged evidence of a chartered surveyor who specialised in equine development that there was a high demand for facilities catering for such horses in the area of Gloucestershire concerned (which is close to Hartpury College). The appeals involved consideration of paragraph 55 of the NPPF, in particular its first indent. Tim Jones appeared for the successful claimant. Costs of £23,000 were awarded against the Secretary of State.
Tim Jones is part of the Planning & Environment Group at No5 Chambers.
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