Turner v Secretary of State for Communities and Local Government & Ors

Turner v Secretary of State for Communities and Local Government & Ors

The Inspector lawfully applied paragraph 89 of the NPPF, distinguished between openness and visual impact, and provided adequate reasons for his findings on sustainability; no material error of law or procedural impropriety was established.

Parties
Claimant: John Turner; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: East Dorset District Council
Jurisdiction
England and Wales
Judgment Date
07 October 2015
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Green Belt Policy, Sustainable Development, Judicial Review, Planning Permission, National Planning Policy Framework
Planning Law Administrative Law Green Belt Policy Sustainable Development Judicial Review Planning Permission National Planning Policy Framework

Case Brief

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Parties

John Turner

Claimant

Secretary of State for Communities and Local Government

First Defendant

East Dorset District Council

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Inspector lawfully applied paragraph 89 of the NPPF
  2. 2 Whether the Inspector elided openness and visual impact
  3. 3 Whether the Inspector gave adequate reasons for finding the development unsustainable

Ratio Decidendi

The Inspector lawfully applied paragraph 89 of the NPPF, distinguished between openness and visual impact, and provided adequate reasons for his findings on sustainability; no material error of law or procedural impropriety was established.

Court Disposition

Application dismissed