SB Herba Foods Ltd. v Secretary of State for Communities and Local Government & Anor

SB Herba Foods Ltd. v Secretary of State for Communities and Local Government & Anor

The Inspector erred in law by misdirecting himself in the application of the test for 'very special circumstances', focusing on whether factors were 'commonplace' or 'unusual' rather than conducting the required qualitative assessment of their weight for planning purposes. This error tainted the decision and rendered it unsustainable.

Parties
Claimant: SB Herba Foods Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: South Cambridgeshire District Council
Jurisdiction
England and Wales
Judgment Date
10 December 2008
Procedural Posture
Judicial Review/statutory Appeal / Judgment on Appeal Under Section 288 of the Town and Country Planning Act 1990
Outcome
Decision quashed and matter remitted to another Inspector
Legal Topics
Green Belt Policy, Planning Permission, Statutory Interpretation, Development Plan, Error of Law
Planning Law Administrative Law Green Belt Policy Planning Permission Statutory Interpretation Development Plan Error of Law

Case Brief

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Parties

SB Herba Foods Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

South Cambridgeshire District Council

Second Defendant

Procedural Posture

Judicial Review/statutory Appeal / Judgment on Appeal Under Section 288 of the Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether the Inspector erred in law in applying the test for 'very special circumstances' under PPG2
  2. 2 Whether the Inspector misapplied the qualitative judgment required by planning policy
  3. 3 Whether the Inspector's focus on 'commonplace' or 'unusual' factors was a misdirection

Ratio Decidendi

The Inspector erred in law by misdirecting himself in the application of the test for 'very special circumstances', focusing on whether factors were 'commonplace' or 'unusual' rather than conducting the required qualitative assessment of their weight for planning purposes. This error tainted the decision and rendered it unsustainable.

Court Disposition

Decision quashed and matter remitted to another Inspector

Orders

  • The decision letter is quashed.
  • The matter is to be remitted to another Inspector for redetermination.