Marie-Claire Di Mambro, R (on the application of) v East Devon District Council

Facts

The claimant, Marie-Claire Di Mambro, objected to a proposed change of use of an agricultural building at Shoots Lane, Sheldon, Devon to a guesthouse. The first interested party, Arthur Airey, had applied on 5 March 2025 to East Devon District Council, as local planning authority, for a determination whether prior approval was required under Class R of Part 3 of Schedule 2 to the Town and Country Planning (General Permitted Development) (England) Order 2015; the land is owned by the second interested parties, Nicholas John Airey and Claudia Frances Napier. The Council gave notice of prior approval on 29 April 2025, within the 56-day period under paragraph W(11)(c). Following a pre-action letter, the Council conceded the challenge by letter of 28 May 2025, accepting that its officer report had not properly addressed whether the building was an agricultural building used for the purposes of a trade or business, nor whether it formed part of an established agricultural unit including the floor space thresholds. HHJ Jarman KC approved a consent order sealed on 8 January 2026, granting permission, quashing the decision and remitting the application for re-determination, while reserving for later determination the issue of "additional remedies". The claimant sought a declaration, damages under the Human Rights Act, and a declaration of incompatibility; the Secretary of State was given permission to intervene.