BSP (Knockholt) Ltd, R (on the application of) v Secretary of State for Communities & Local Government & Anor [2008] EWHC 674 (Admin) (10 March 2008)

BSP (Knockholt) Ltd, R (on the application of) v Secretary of State for Communities & Local Government & Anor [2008] EWHC 674 (Admin) (10 March 2008)

The Inspector was entitled to conclude that the continued use of the appeal site for skip storage and related activities did not maintain openness of the Green Belt and that the appellant had not demonstrated very special circumstances justifying planning permission; there was no procedural unfairness or Wednesbury...

Source-derived case information.

Citation
[2008] EWHC 674 (Admin)
Parties
Claimant: BSP (Knockholt) Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: London Borough of Bromley
Jurisdiction
England and Wales
Judgment Date
10 March 2008
Procedural Posture
Judicial Review / Statutory Appeal / High Court Appeal From Planning Inspector's Decision
Outcome
Appeal dismissed
Legal Topics
Green Belt Policy, Planning Permission, Enforcement Notice, Very Special Circumstances, Procedural Fairness
Planning Law Administrative Law Green Belt Policy Planning Permission Enforcement Notice Very Special Circumstances Procedural Fairness

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Summary, issues, holding and outcome

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Parties

BSP (Knockholt) Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

London Borough of Bromley

Second Defendant

Procedural Posture

Judicial Review / Statutory Appeal / High Court Appeal From Planning Inspector's Decision

Legal Issues

  1. 1 Whether the Inspector erred in law in dismissing the appeal for planning permission for continued use of land as an extension to a waste transfer station in the Green Belt
  2. 2 Whether the Inspector failed to consider relevant evidence or acted unreasonably in finding no very special circumstances

Ratio Decidendi

The Inspector was entitled to conclude that the continued use of the appeal site for skip storage and related activities did not maintain openness of the Green Belt and that the appellant had not demonstrated very special circumstances justifying planning permission; there was no procedural unfairness or Wednesbury unreasonableness in the Inspector's decision.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed against the Secretary of State's decision refusing planning permission.
  • Claimant to pay the First Defendant's costs, summarily assessed at £6,141.