Newlyn Dean & Sons Ltd v Secretary of State for Communities and Local Government & Anor [2012] EWHC 2909 (Admin) (22 October 2012)

Newlyn Dean & Sons Ltd v Secretary of State for Communities and Local Government & Anor [2012] EWHC 2909 (Admin) (22 October 2012)

PPG2 does not deem outdoor sport, outdoor recreation, or cemeteries to preserve openness; all material changes of use in the Green Belt must be assessed for their impact on openness and Green Belt purposes. The Inspector lawfully applied this approach, and her findings and conclusions were within the bounds of rational planning judgment. No error of law or irrationality was established.

Citation
[2012] EWHC 2909 (Admin)
Parties
Claimant: Newlyn Dean & Sons Ltd; First Respondent: Secretary of State for Communities and Local Government; Second Respondent: East Dorset District Council
Jurisdiction
England and Wales
Judgment Date
22 October 2012
Procedural Posture
Judicial Review / Statutory Appeal (planning) / Final Judgment After Substantive Hearing
Outcome
Appeal dismissed
Legal Topics
Green Belt Policy, Town and Country Planning Act 1990 Section 289, Planning Policy Guidance Note 2 (ppg2), Enforcement Notices, Material Change of Use, Outdoor Recreation in Green Belt, Visual Amenity, Appropriate Development, Habitats Regulations
Planning Law Administrative Law Environmental Law Green Belt Policy Town and Country Planning Act 1990 Section 289 Planning Policy Guidance Note 2 (ppg2) Enforcement Notices Material Change of Use +4 more

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Parties

Newlyn Dean & Sons Ltd

Claimant

Secretary of State for Communities and Local Government

First Respondent

East Dorset District Council

Second Respondent

Procedural Posture

Judicial Review / Statutory Appeal (planning) / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Inspector adopted an unlawful interpretation of PPG2 regarding outdoor recreation and openness in the Green Belt
  2. 2 Whether the Inspector's findings on paintballing and livery uses as inappropriate development were unlawful
  3. 3 Whether the Inspector's conclusions on visual impact and Green Belt effects were irrational or failed to consider conditions

Ratio Decidendi

PPG2 does not deem outdoor sport, outdoor recreation, or cemeteries to preserve openness; all material changes of use in the Green Belt must be assessed for their impact on openness and Green Belt purposes. The Inspector lawfully applied this approach, and her findings and conclusions were within the bounds of rational planning judgment. No error of law or irrationality was established.

Court Disposition

Appeal dismissed

Orders

  • Claimant to pay Secretary of State's costs of the appeal
  • Provisional order for Claimant to pay costs of the application for permission, subject to further argument if required