Stagg, R (on the application of) v First Secretary of State & Anor

Stagg, R (on the application of) v First Secretary of State & Anor

The Inspector was entitled to conclude that the circumstances did not amount to very special circumstances or special justification under PPS7 or PPG2, and his reasoning was adequate and lawful. The fate of the remains was not a principal issue requiring express consideration. There was no error of law in the Inspector's decision.

Parties
Claimant: David Stagg; First Defendant: First Secretary of State; Second Defendant: Macclesfield Borough Council
Jurisdiction
England and Wales
Judgment Date
18 May 2005
Procedural Posture
Judicial Review / Judgment on Application to Quash Planning Decision
Outcome
Application dismissed
Legal Topics
Green Belt Policy, Planning Permission, Listed Buildings, Judicial Review, Interpretation of PPS7 and PPG2
Planning Law Administrative Law Green Belt Policy Planning Permission Listed Buildings Judicial Review Interpretation of PPS7 and PPG2

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Parties

David Stagg

Claimant

First Secretary of State

First Defendant

Macclesfield Borough Council

Second Defendant

Procedural Posture

Judicial Review / Judgment on Application to Quash Planning Decision

Legal Issues

  1. 1 Whether the Inspector misapplied or misinterpreted PPS7 policy guidance
  2. 2 Whether the Inspector's reasoning on 'very special circumstances' was deficient
  3. 3 Whether the Inspector failed to address the claimant's fall-back position regarding the fate of Sandown Hall's remains

Ratio Decidendi

The Inspector was entitled to conclude that the circumstances did not amount to very special circumstances or special justification under PPS7 or PPG2, and his reasoning was adequate and lawful. The fate of the remains was not a principal issue requiring express consideration. There was no error of law in the Inspector's decision.

Court Disposition

Application dismissed

Orders

  • Claimant to pay the first defendant's costs, summarily assessed at £5,262