BSP (Knockholt) Ltd, R (on the application of) v Secretary of State for Communities & Local Government & Anor

BSP (Knockholt) Ltd, R (on the application of) v Secretary of State for Communities & Local Government & Anor

The Inspector was entitled to find that the continued use of the land for ancillary purposes to the waste transfer station did not maintain openness and that the appellant failed to demonstrate very special circumstances. There was no procedural unfairness or unreasonableness in the Inspector's decision.

Parties
Claimant: BSP (Knockholt) Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: London Borough of Bromley
Jurisdiction
England and Wales
Judgment Date
10 March 2008
Procedural Posture
Judicial Review / Appeal From Planning Inspector's Decision
Outcome
Appeal dismissed
Legal Topics
Green Belt Policy, Planning Permission, Enforcement Notice, Very Special Circumstances, Procedural Fairness
Planning Law Administrative Law Green Belt Policy Planning Permission Enforcement Notice Very Special Circumstances Procedural Fairness

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Parties

BSP (Knockholt) Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

London Borough of Bromley

Second Defendant

Procedural Posture

Judicial Review / Appeal From Planning Inspector's Decision

Legal Issues

  1. 1 Whether the Inspector erred in dismissing the appeal for planning permission for continued use of land as ancillary to a waste transfer station in the Green Belt
  2. 2 Whether the Inspector failed to consider relevant factors or acted unreasonably
  3. 3 Whether there was procedural unfairness in the Inspector's approach to evidence of 'very special circumstances'

Ratio Decidendi

The Inspector was entitled to find that the continued use of the land for ancillary purposes to the waste transfer station did not maintain openness and that the appellant failed to demonstrate very special circumstances. There was no procedural unfairness or unreasonableness in the Inspector's decision.

Court Disposition

Appeal dismissed

Orders

  • Claimant to pay First Defendant's costs assessed at £6,141