Dowmunt-Iwaszkiewicz v First Secretary of State & Anor

Dowmunt-Iwaszkiewicz v First Secretary of State & Anor

The inspector failed to provide adequate reasons for his decision, particularly as to why the contamination of the site did not amount to 'very special circumstances' justifying development in the green belt, resulting in substantial prejudice to the claimant.

Parties
Claimant: Ms Angele Dowmunt-Iwaszkiewicz; First Defendant: First Secretary of State; Second Defendant: Gedling Borough Council
Jurisdiction
England and Wales
Judgment Date
10 November 2004
Procedural Posture
Judicial Review / Judgment on Application to Quash Planning Inspector's Decision
Outcome
Claim allowed; inspector's decision quashed
Legal Topics
Green Belt Policy, Contaminated Land, Planning Permission, Judicial Review, Adequacy of Reasons
Planning Law Administrative Law Green Belt Policy Contaminated Land Planning Permission Judicial Review Adequacy of Reasons

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Parties

Ms Angele Dowmunt-Iwaszkiewicz

Claimant

First Secretary of State

First Defendant

Gedling Borough Council

Second Defendant

Procedural Posture

Judicial Review / Judgment on Application to Quash Planning Inspector's Decision

Legal Issues

  1. 1 Whether the planning inspector gave adequate reasons for refusing planning permission based on 'very special circumstances' in the green belt context
  2. 2 Whether contamination of the site constituted 'very special circumstances' justifying development in the green belt

Ratio Decidendi

The inspector failed to provide adequate reasons for his decision, particularly as to why the contamination of the site did not amount to 'very special circumstances' justifying development in the green belt, resulting in substantial prejudice to the claimant.

Court Disposition

Claim allowed; inspector's decision quashed

Orders

  • Inspector's decision quashed
  • First defendant to pay claimant's costs, to be assessed if not agreed