Pertemps Investments Ltd v Secretary of State for Communities And Local Government & Anor [2015] EWHC 2308 (Admin) (31 July 2015)

Pertemps Investments Ltd v Secretary of State for Communities And Local Government & Anor [2015] EWHC 2308 (Admin) (31 July 2015)

The inspector erred in law by misconstruing Policy P17 of the Solihull Local Plan, failing to recognize that it provides in-principle support for the reasonable expansion of established businesses into the Green Belt, which should have been weighed as a material consideration in the planning balance. This misinterpretation led to a failure to properly apply the policy and to give due weight to its support for the claimant's proposal, resulting in substantial prejudice. The inspector's reasoning left real doubt as to whether he understood and applied the policy correctly, justifying quashing the decision.

Citation
[2015] EWHC 2308 (Admin)
Parties
Claimant: Pertemps Investments Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Solihull Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
31 July 2015
Procedural Posture
Section 288 Challenge Under the Town and Country Planning Act 1990 / High Court Judgment on Application to Quash Planning Inspector's Decision
Outcome
Claimant's application succeeds; inspector's decision quashed.
Legal Topics
Green Belt Policy, Interpretation of Development Plan Policies, Very Special Circumstances in Planning, Consistency in Planning Decisions
Planning Law Administrative Law Local Government Law Green Belt Policy Interpretation of Development Plan Policies Very Special Circumstances in Planning Consistency in Planning Decisions

Case Brief

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Parties

Pertemps Investments Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Solihull Metropolitan Borough Council

Second Defendant

Procedural Posture

Section 288 Challenge Under the Town and Country Planning Act 1990 / High Court Judgment on Application to Quash Planning Inspector's Decision

Legal Issues

  1. 1 Whether the inspector misinterpreted and misapplied Policy P17 of the Solihull Local Plan
  2. 2 Whether the inspector failed to have regard to or acted inconsistently with the council's decision on Jaguar Land Rover's planning application

Ratio Decidendi

The inspector erred in law by misconstruing Policy P17 of the Solihull Local Plan, failing to recognize that it provides in-principle support for the reasonable expansion of established businesses into the Green Belt, which should have been weighed as a material consideration in the planning balance. This misinterpretation led to a failure to properly apply the policy and to give due weight to its support for the claimant's proposal, resulting in substantial prejudice. The inspector's reasoning left real doubt as to whether he understood and applied the policy correctly, justifying quashing the decision.

Court Disposition

Claimant's application succeeds; inspector's decision quashed.

Orders

  • The inspector's decision dismissing the appeal is quashed.