Planning permission refusal for second rural dwelling upheld following policy change

The High Court refused an application to quash a planning authority’s decision to deny planning permission for a one-off rural dwelling. The applicant, a local farmer required to sell her family home after legal proceedings, sought to build a new house on her land but was refused permission due to changes in the County Development Plan, which removed exceptions for "exceptional circumstances" unless based on health needs. The court found the planning authority correctly applied the updated policy, which prevents approval for applicants previously granted permission for a rural dwelling, regardless of their changed personal or involuntary circumstances. While the judge acknowledged the applicant’s difficult situation, he held that the planning authority had acted lawfully in following the current plan and that the applicant’s arguments against the strict application of new planning objectives did not provide grounds for overturning the decision.