Stagg, R (on the application of) v First Secretary of State & Anor [2005] EWHC 1170 (Admin) (18 May 2005)

Stagg, R (on the application of) v First Secretary of State & Anor [2005] EWHC 1170 (Admin) (18 May 2005)

The Inspector was entitled to conclude that the circumstances advanced by the claimant did not amount to very special circumstances justifying development in the Green Belt. The Inspector properly considered the relevant policies and the claimant's arguments, and there was no error of law in the decision-making process.

Citation
[2005] EWHC 1170 (Admin)
Parties
Claimant: David Stagg; First Defendant: First Secretary of State; Second Defendant: Macclesfield Borough Council
Jurisdiction
England and Wales
Judgment Date
18 May 2005
Procedural Posture
Judicial Review (planning) / High Court Judgment on Application Under Section 288 Town and Country Planning Act 1990
Outcome
Application dismissed
Legal Topics
Green Belt Policy, Planning Permission, Listed Buildings, Very Special Circumstances, National Planning Guidance, Judicial Review
Planning Law Administrative Law Environmental Law Green Belt Policy Planning Permission Listed Buildings Very Special Circumstances National Planning Guidance +1 more

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Parties

David Stagg

Claimant

First Secretary of State

First Defendant

Macclesfield Borough Council

Second Defendant

Procedural Posture

Judicial Review (planning) / High Court Judgment on Application Under Section 288 Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether the Inspector misapplied policy guidance in PPS7 regarding special justification for isolated dwellings in the countryside
  2. 2 Whether the Inspector's reasoning on very special circumstances justifying development in the Green Belt was deficient
  3. 3 Whether the Inspector failed to address the claimant's fall-back position regarding the fate of Sandown Hall's remains

Ratio Decidendi

The Inspector was entitled to conclude that the circumstances advanced by the claimant did not amount to very special circumstances justifying development in the Green Belt. The Inspector properly considered the relevant policies and the claimant's arguments, and there was no error of law in the decision-making process.

Court Disposition

Application dismissed

Orders

  • Claimant to pay the first defendant's costs, summarily assessed at £5,262