Summers Poultry Products Ltd v Secretary of State for Communities and Local Government & Anor [2009] EWHC 533 (Admin) (16 February 2009)

Summers Poultry Products Ltd v Secretary of State for Communities and Local Government & Anor [2009] EWHC 533 (Admin) (16 February 2009)

The inspector did not err in law in his approach to 'very special circumstances', encroachment, or policy guidance; he considered all relevant factors, including compliance with statutory regulations, and made a lawful planning judgment that the harm to the green belt was not clearly outweighed by other considerations. The challenge is dismissed.

Citation
[2009] EWHC 533 (Admin)
Parties
Claimant: Summers Poultry Products Ltd; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Stratford-on-Avon District Council; Interested Party: Tanworth-in-Arden Residents Action Group
Jurisdiction
England and Wales
Judgment Date
16 February 2009
Procedural Posture
Judicial Review (planning) / High Court Judgment on Application to Quash Planning Inspector's Decision
Outcome
Claim dismissed
Legal Topics
Green Belt Policy, Town and Country Planning Act 1990, Statutory Interpretation, Judicial Review, Development Control, Local Plan Policy, Very Special Circumstances, Openness of Green Belt
Planning Law Administrative Law Environmental Law Green Belt Policy Town and Country Planning Act 1990 Statutory Interpretation Judicial Review Development Control +3 more

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Parties

Summers Poultry Products Ltd

Claimant

Secretary of State for Communities and Local Government

First Defendant

Stratford-on-Avon District Council

Second Defendant

Tanworth-in-Arden Residents Action Group

Interested Party

Procedural Posture

Judicial Review (planning) / High Court Judgment on Application to Quash Planning Inspector's Decision

Legal Issues

  1. 1 Whether the inspector erred in law in rejecting compliance with statutory regulations as a 'very special circumstance' for green belt development
  2. 2 Whether development within the curtilage of a brownfield site can amount to encroachment into the countryside under green belt policy
  3. 3 Whether the inspector erred in giving weight to guidance in Annex C to PPG2 and Annex B to PPS3

Ratio Decidendi

The inspector did not err in law in his approach to 'very special circumstances', encroachment, or policy guidance; he considered all relevant factors, including compliance with statutory regulations, and made a lawful planning judgment that the harm to the green belt was not clearly outweighed by other considerations. The challenge is dismissed.

Court Disposition

Claim dismissed

Orders

  • Application to quash inspector's decision refused
  • Costs awarded to the Secretary of State in the agreed sum of £11,170