Casebook: Court cases - Generator shelter at farm subject to full hearing

The High Court has granted permission for a Gloucestershire resident to challenge an inspector's decision to refuse planning permission for a generator shelter and wall built on land associated with a grade II listed dwelling in a conservation area.

The owner had restored the dilapidated dwelling and carried out other works to the land, including restoring drainage ditches and replanting hedgerows. The council claimed that the erection of a building to house an electricity generator and the rebuilding of a ruined wall harmed the Cotswold area of outstanding natural beauty and the conservation area.

The inspector agreed, confirming an enforcement notice requiring their demolition. However, deputy judge Sir Michael Harrison concluded that the inspector's reasons appeared to be unsound and agreed that a substantive hearing was required to assess whether the decision should stand.

Nicholson v First Secretary of State; Date: 19 November 2004; Ref: CO/4790/2004.

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