Thurrock Borough Council v Secretary of State for Communities & Local Government & Anor [2016] EWHC 200 (Admin) (09 February 2016)

Thurrock Borough Council v Secretary of State for Communities & Local Government & Anor [2016] EWHC 200 (Admin) (09 February 2016)

The Inspector correctly directed herself as to the applicable Green Belt policy, gave substantial weight to Green Belt harm, considered all relevant factors in the overall balance, and applied the correct test for 'very special circumstances'; there was no legal error in the decision letter when read as a whole.

Citation
[2016] EWHC 200 (Admin)
Parties
Claimant: Thurrock Borough Council; 1st Defendant: Secretary of State for Communities & Local Government; 2nd Defendant: Robert Ward
Jurisdiction
England and Wales
Judgment Date
09 February 2016
Procedural Posture
Judicial Review Under Section 288 Town and Country Planning Act 1990 / High Court Judgment
Outcome
Application dismissed
Legal Topics
Green Belt Policy, Planning Permission, Traveller Sites, Weight to Planning Considerations, Interpretation of Planning Policy
Planning Law Administrative Law Judicial Review Green Belt Policy Planning Permission Traveller Sites Weight to Planning Considerations Interpretation of Planning Policy

Case Brief

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Parties

Thurrock Borough Council

Claimant

Secretary of State for Communities & Local Government

1st Defendant

Robert Ward

2nd Defendant

Procedural Posture

Judicial Review Under Section 288 Town and Country Planning Act 1990 / High Court Judgment

Legal Issues

  1. 1 Whether the Inspector failed to give substantial weight to Green Belt harm as required by NPPF paragraph 88
  2. 2 Whether the Inspector failed to take into account conflict with Green Belt purposes in the overall balance
  3. 3 Whether the Inspector misapplied the test for 'very special circumstances' under Green Belt policy

Ratio Decidendi

The Inspector correctly directed herself as to the applicable Green Belt policy, gave substantial weight to Green Belt harm, considered all relevant factors in the overall balance, and applied the correct test for 'very special circumstances'; there was no legal error in the decision letter when read as a whole.

Court Disposition

Application dismissed

Orders

  • Application to quash the Inspector's decision is refused