Newsmith, R (on the application of) v Secretary of State for Environment, Transport & the Regions [2001] EWHC 74 (Admin) (01 February 2001)

Newsmith, R (on the application of) v Secretary of State for Environment, Transport & the Regions [2001] EWHC 74 (Admin) (01 February 2001)

The Inspector's decision was lawful, not Wednesbury unreasonable, and based on proper planning judgment; no very special circumstances were demonstrated to outweigh conflict with Green Belt policy; the application to quash the decision is dismissed.

Citation
[2001] EWHC 74 (Admin)
Parties
Claimant: Newsmith Stainless Ltd; First Defendant: Secretary of State for Environment, Transport and the Regions
Jurisdiction
England and Wales
Judgment Date
01 February 2001
Procedural Posture
Judicial Review Under Section 288 Town and Country Planning Act 1990 / Final Judgment
Outcome
Application dismissed
Legal Topics
Green Belt Policy, Planning Permission, Section 288 Challenge, Wednesbury Unreasonableness, Reuse of Agricultural Buildings, Employment Policy, Landscaping Conditions
Administrative Law Planning Law Green Belt Policy Planning Permission Section 288 Challenge Wednesbury Unreasonableness Reuse of Agricultural Buildings Employment Policy +1 more

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Parties

Newsmith Stainless Ltd

Claimant

Secretary of State for Environment, Transport and the Regions

First Defendant

Procedural Posture

Judicial Review Under Section 288 Town and Country Planning Act 1990 / Final Judgment

Legal Issues

  1. 1 Whether the Inspector's decision was unlawful under section 288 of the Town and Country Planning Act 1990
  2. 2 Whether the Inspector's conclusions were Wednesbury unreasonable
  3. 3 Whether the proposed development constituted inappropriate development in the Green Belt

Ratio Decidendi

The Inspector's decision was lawful, not Wednesbury unreasonable, and based on proper planning judgment; no very special circumstances were demonstrated to outweigh conflict with Green Belt policy; the application to quash the decision is dismissed.

Court Disposition

Application dismissed

Orders

  • Claimant to pay First Defendant's costs, summarily assessed at £3,504.53