![AC-2024-LON-002558 - [2025] EWHC 2278 (Admin)](https://backend.juristeca.com/files/emisores/logo_fi51A75.png){kind=logo}
Introduction
This claim relates to the erection by the Interested Party of three polytunnels and related works (“the Works”) on agricultural land in the administrative area of the Defendant (“the Council”). The polytunnels are intended to be used by the Interested Party for growing tomatillos, a crop which would represent a new type of agricultural use in a location already used for agricultural purposes.
The Works have been constructed in reliance upon permitted development rights conferred by the Town and Country Planning (General Permitted Development) (England) Order 2015 (as amended) (“the GPDO”). The particular permitted development rights require a prior approval of details of the siting, design and external appearance of the Works by the Council as local planning authority.
Prior approval was obtained by the Interested Party before the Works commenced. The question in this case is whether the process followed by the Council to grant the necessary prior approval was lawful.
The Claimant, who lives in a property near to the Works, says not. He brings a judicial review challenge against the grant of the prior approval.
- Heading
- Introduction
- Background Facts
- These Proceedings
- Ground 1 - unlawful conclusion that the agricultural unit in question was at least 5 hectares
- Defendant’s submissions
- Ground 2 - failure to require sufficient information to allow a lawful decision on the application to be made
- Defendant’s submissions
- Ground 3: failure to take account of the potential impact of the development on the Bayford Wood ancient woodland
- Defendant’s submissions
- Ground 4: failure to take account of the potential impact of the development on the setting of the Claimant’s listed building
- Defendant’s submissions
- Discussion and conclusions
- Ground 2
- Grounds 3 and 4
- Aarhus costs protection
- Conclusions