Mole Valley District Council v Secretary of State for Housing, Communities and Local Government & Anor [2025] EWHC 2127 (Admin) (15 August 2025)

Mole Valley District Council v Secretary of State for Housing, Communities and Local Government & Anor [2025] EWHC 2127 (Admin) (15 August 2025)

The Inspector did not err in law in his interpretation and application of Green Belt policy under NPPF 2024; Lee Valley remains binding authority that not inappropriate development is not regarded as harmful to openness, and the Inspector's approach to deliverable supply and reasons was within the bounds of lawful planning judgment.

Citation
[2025] EWHC 2127 (Admin)
Parties
Claimant / Appellant: Mole Valley District Council; First Defendant / Respondent: Secretary of State for Housing, Communities and Local Government; Second Defendant / Respondent: Margaret Meloney
Jurisdiction
England and Wales
Judgment Date
15 August 2025
Procedural Posture
Planning Statutory Review and Appeal Under S.288 and S.289 Town and Country Planning Act 1990 / Judgment Following Rolled Up Hearing on Permission and Substantive Relief
Outcome
Claim dismissed; permission refused and substantive challenge fails.
Legal Topics
Green Belt Policy, National Planning Policy Framework (nppf), Planning Policy for Traveller Sites (ppts), Statutory Review Under Town and Country Planning Act 1990, Interpretation of Planning Policy, Gypsy and Traveller Accommodation, Material Change of Use, Enforcement Notice Appeals
Administrative Law Planning Law Local Government Law Green Belt Policy National Planning Policy Framework (nppf) Planning Policy for Traveller Sites (ppts) Statutory Review Under Town and Country Planning Act 1990 Interpretation of Planning Policy +3 more

Case Brief

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Parties

Mole Valley District Council

Claimant / Appellant

Secretary of State for Housing, Communities and Local Government

First Defendant / Respondent

Margaret Meloney

Second Defendant / Respondent

Procedural Posture

Planning Statutory Review and Appeal Under S.288 and S.289 Town and Country Planning Act 1990 / Judgment Following Rolled Up Hearing on Permission and Substantive Relief

Legal Issues

  1. 1 Whether the Inspector misinterpreted Green Belt policy in NPPF 2024 regarding harm to openness for not inappropriate development
  2. 2 Whether the Inspector misapplied the definition of 'deliverable' sites under PPTS for five-year supply
  3. 3 Whether the Inspector failed to give legally adequate reasons regarding the five-year supply of traveller pitches

Ratio Decidendi

The Inspector did not err in law in his interpretation and application of Green Belt policy under NPPF 2024; Lee Valley remains binding authority that not inappropriate development is not regarded as harmful to openness, and the Inspector's approach to deliverable supply and reasons was within the bounds of lawful planning judgment.

Court Disposition

Claim dismissed; permission refused and substantive challenge fails.

Orders

  • The claim for statutory review under s.288 Town and Country Planning Act 1990 is dismissed.
  • The appeal under s.289 of the Act is dismissed.