Newlyn Dean & Sons Ltd v Secretary of State for Communities and Local Government & Anor

Newlyn Dean & Sons Ltd v Secretary of State for Communities and Local Government & Anor

The Inspector lawfully interpreted PPG2, correctly requiring that outdoor recreation and livery uses in the Green Belt must preserve openness and not conflict with Green Belt purposes. The Inspector's findings on visual and Green Belt impacts, and on the manège and Special Area of Conservation, were rational, consistent, and within her planning judgment. No error of law or procedural unfairness occurred.

Parties
Claimant: Newlyn Dean & Sons Ltd; First Respondent: Secretary of State for Communities and Local Government; Second Respondent: East Dorset District Council
Jurisdiction
England and Wales
Judgment Date
22 October 2012
Procedural Posture
Judicial Review / Statutory Appeal / Judgment on Appeal Under Section 289 of the Town and Country Planning Act 1990
Outcome
Appeal dismissed
Legal Topics
Green Belt Policy, Town and Country Planning, Enforcement Notices, Outdoor Recreation in Green Belt, Statutory Interpretation, Habitats Regulations
Planning Law Administrative Law Environmental Law Green Belt Policy Town and Country Planning Enforcement Notices Outdoor Recreation in Green Belt Statutory Interpretation +1 more

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Parties

Newlyn Dean & Sons Ltd

Claimant

Secretary of State for Communities and Local Government

First Respondent

East Dorset District Council

Second Respondent

Procedural Posture

Judicial Review / Statutory Appeal / Judgment on Appeal Under Section 289 of the Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether the Inspector adopted an unlawful interpretation of Planning Policy Guidance Note 2: Green Belts (PPG2)
  2. 2 Whether the Inspector's findings on paintballing and livery uses as inappropriate development were lawful
  3. 3 Whether the Inspector's conclusions on visual impact and Green Belt effects were irrational or failed to consider material factors

Ratio Decidendi

The Inspector lawfully interpreted PPG2, correctly requiring that outdoor recreation and livery uses in the Green Belt must preserve openness and not conflict with Green Belt purposes. The Inspector's findings on visual and Green Belt impacts, and on the manège and Special Area of Conservation, were rational, consistent, and within her planning judgment. No error of law or procedural unfairness occurred.

Court Disposition

Appeal dismissed

Orders

  • Claimant to pay Secretary of State's costs of the appeal
  • Provisional order for Claimant to pay costs of the application for permission, subject to argument