Judge quashes decision of inspector to grant prior approval for agricultural barn change

A High Court judge has quashed a decision of a planning inspector to grant prior approval for changing an agricultural barn into flexible commercial use, it has been reported.

Landmark Chambers said that the inspector had previously allowed the developer’s appeal, accepting that the agricultural barn had been in sole agricultural use, as required by Schedule 2, Part 3, Class R of the Town and Country (General Permitted Development) (England) Order 2015.

However, the Upton Historic Parkland Conservation Group challenged the Secretary of State’s decision, pursuant to s288 of the Town and Country Planning Act 1990.

Landmark said that in Upton Historic Parkland Conservation Group v SSCLG Mrs Justice Andrews had quashed the inspector’s decision to grant prior approval.

The judge “agreed with the Conservation Group that the inspector had applied the wrong test – whether the barn had been used solely for non-agricultural use rather than whether the barn had been used solely for agricultural use – and allowed the Conservation Group’s claim”.

Yaaser Vanderman of Landmark Chambers represented the claimant.