Fox Land and Property Ltd v Secretary of State for Communities and Local Government & Anor [2014] EWHC 15 (Admin) (17 January 2014)

Fox Land and Property Ltd v Secretary of State for Communities and Local Government & Anor [2014] EWHC 15 (Admin) (17 January 2014)

The Secretary of State's decision was lawful; saved policies preserved the Green Belt; there was no procedural unfairness; factual disagreements were supported by evidence; no irrelevant or irrational considerations affected the outcome; the decision was within the range open to a rational decision maker.

Citation
[2014] EWHC 15 (Admin)
Parties
Claimant: Fox Land and Property Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Castle Point Borough Council
Jurisdiction
England and Wales
Judgment Date
17 January 2014
Procedural Posture
Judicial Review Under S.288 Town and Country Planning Act 1990 / Final Judgment
Outcome
Application dismissed
Legal Topics
Green Belt Policy, Planning Permission, Local Plan, National Planning Policy Framework, Procedural Fairness
Administrative Law Planning Law Green Belt Policy Planning Permission Local Plan National Planning Policy Framework Procedural Fairness

Case Brief

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Parties

Fox Land and Property Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Castle Point Borough Council

Second Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the Secretary of State's decision to refuse planning permission was lawful
  2. 2 Whether the lapse of Policy GB1 meant there was no Green Belt policy
  3. 3 Whether the Secretary of State acted unfairly by not disclosing post-inquiry representations

Ratio Decidendi

The Secretary of State's decision was lawful; saved policies preserved the Green Belt; there was no procedural unfairness; factual disagreements were supported by evidence; no irrelevant or irrational considerations affected the outcome; the decision was within the range open to a rational decision maker.

Court Disposition

Application dismissed

Orders

  • No order to quash the Secretary of State's decision
  • Planning permission remains refused