SB Herba Foods Ltd. v Secretary of State for Communities and Local Government & Anor [2008] EWHC 3046 (Admin) (10 December 2008)

SB Herba Foods Ltd. v Secretary of State for Communities and Local Government & Anor [2008] EWHC 3046 (Admin) (10 December 2008)

The Inspector erred in law by misapplying the test for 'very special circumstances', focusing on whether the factors were 'unusual' or 'commonplace' rather than making the required qualitative judgment as to whether other considerations clearly outweighed the harm to the Green Belt. This misdirection fatally undermined the decision, requiring it to be quashed and remitted.

Citation
[2008] EWHC 3046 (Admin)
Parties
Claimant: SB Herba Foods Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: South Cambridgeshire District Council
Jurisdiction
England and Wales
Judgment Date
10 December 2008
Procedural Posture
Section 288 Appeal Under the Town and Country Planning Act 1990 / High Court Judgment on Appeal
Outcome
Decision quashed and remitted to another Inspector
Legal Topics
Green Belt Policy, Planning Permission, Interpretation of PPG2, Very Special Circumstances, Weighing of Planning Considerations
Planning Law Administrative Law Green Belt Policy Planning Permission Interpretation of PPG2 Very Special Circumstances Weighing of Planning Considerations

Case Brief

Summary, issues, holding and outcome

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Parties

SB Herba Foods Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

South Cambridgeshire District Council

Second Defendant

Procedural Posture

Section 288 Appeal Under the Town and Country Planning Act 1990 / High Court Judgment on Appeal

Legal Issues

  1. 1 Whether the Inspector erred in law in applying the test for 'very special circumstances' under PPG2 when refusing planning permission for a factory extension in the Green Belt
  2. 2 Whether the Inspector misapplied the qualitative judgment required by law in weighing 'other considerations' against Green Belt harm

Ratio Decidendi

The Inspector erred in law by misapplying the test for 'very special circumstances', focusing on whether the factors were 'unusual' or 'commonplace' rather than making the required qualitative judgment as to whether other considerations clearly outweighed the harm to the Green Belt. This misdirection fatally undermined the decision, requiring it to be quashed and remitted.

Court Disposition

Decision quashed and remitted to another Inspector

Orders

  • The Inspector's decision is quashed.
  • The matter is remitted to another Inspector for redetermination.