Kemnal Manor Memorial Gardens Ltd v First Secretary of State & Anor

Kemnal Manor Memorial Gardens Ltd v First Secretary of State & Anor

The inspector was entitled to conclude that the proposed development was inappropriate in the Green Belt because it would reduce openness and cause encroachment into the countryside, and that no very special circumstances existed to outweigh this harm. The inspector was also entitled to find that the requirements for loss of playing fields under PPG17 had not been met, as the developer's assessment did not address alternative open space uses or demonstrate wide local support. The inspector's reasoning was adequate and not legally flawed.

Parties
Claimant: Kemnal Manor Memorial Gardens Ltd.; First Defendant: First Secretary of State; Second Defendant: London Borough of Bromley
Jurisdiction
England and Wales
Judgment Date
16 November 2004
Procedural Posture
Judicial Review of Planning Decision / Judgment on Application to Quash Inspector's Decision
Outcome
Application dismissed
Legal Topics
Green Belt Development, Planning Permission, Cemeteries and Crematoria, Playing Fields and Open Space, Material Considerations in Planning, Local Development Plans
Planning Law Administrative Law Green Belt Development Planning Permission Cemeteries and Crematoria Playing Fields and Open Space Material Considerations in Planning Local Development Plans

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Parties

Kemnal Manor Memorial Gardens Ltd.

Claimant

First Secretary of State

First Defendant

London Borough of Bromley

Second Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the proposed development is inappropriate in the Green Belt
  2. 2 Whether very special circumstances exist to justify inappropriate development
  3. 3 Whether the loss of playing fields is justified under planning policy

Ratio Decidendi

The inspector was entitled to conclude that the proposed development was inappropriate in the Green Belt because it would reduce openness and cause encroachment into the countryside, and that no very special circumstances existed to outweigh this harm. The inspector was also entitled to find that the requirements for loss of playing fields under PPG17 had not been met, as the developer's assessment did not address alternative open space uses or demonstrate wide local support. The inspector's reasoning was adequate and not legally flawed.

Court Disposition

Application dismissed