Timmins & Anor, R (On the Application Of) v Gelding Borough Council

Timmins & Anor, R (On the Application Of) v Gelding Borough Council

A material change of use of land to a cemetery is inappropriate development in the Green Belt under the NPPF, as paragraphs 89 and 90 are closed lists and do not include cemeteries; the Council's error in treating the cemetery as appropriate development was material and justified quashing the decision.

Parties
Claimant/respondent: Mrs Jean Timmins; Claimant/respondent: AW Lymn The Family Funeral Service Limited; Defendant/appellant: Gedling Borough Council; Interested Party/appellant: Westerleigh Group Limited
Jurisdiction
England and Wales
Judgment Date
22 January 2015
Procedural Posture
Judicial Review / Appeal From High Court to Court of Appeal
Outcome
Appeals dismissed
Legal Topics
Green Belt Policy, Material Change of Use, National Planning Policy Framework, Planning Permission, Inappropriate Development
Planning Law Administrative Law Green Belt Policy Material Change of Use National Planning Policy Framework Planning Permission Inappropriate Development

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Parties

Mrs Jean Timmins

Claimant/respondent

AW Lymn The Family Funeral Service Limited

Claimant/respondent

Gedling Borough Council

Defendant/appellant

Westerleigh Group Limited

Interested Party/appellant

Procedural Posture

Judicial Review / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the creation of a cemetery is inappropriate development in the Green Belt under section 9 of the NPPF
  2. 2 Materiality of the Council's error in interpreting the NPPF regarding cemeteries

Ratio Decidendi

A material change of use of land to a cemetery is inappropriate development in the Green Belt under the NPPF, as paragraphs 89 and 90 are closed lists and do not include cemeteries; the Council's error in treating the cemetery as appropriate development was material and justified quashing the decision.

Court Disposition

Appeals dismissed

Orders

  • Decision of Gedling Borough Council quashed
  • Planning permission for Westerleigh's application set aside