Pertemps Investments Ltd v Secretary of State for Communities And Local Government & Anor

Pertemps Investments Ltd v Secretary of State for Communities And Local Government & Anor

The inspector erred in law by misinterpreting Policy P17, failing to recognize its support for the reasonable expansion of established businesses in the Green Belt as a material consideration in the assessment of very special circumstances, and by not addressing or explaining the council's approach in the Jaguar Land Rover case, resulting in inconsistent application of policy and prejudicing the claimant.

Parties
Claimant: Pertemps Investments Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Solihull Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
31 July 2015
Procedural Posture
Judicial Review Under Section 288 of the Town and Country Planning Act 1990 / Judgment on Application to Quash Inspector's Decision
Outcome
Application allowed; inspector's decision quashed.
Legal Topics
Green Belt Policy, Development Plan Interpretation, Consistency in Planning Decisions, Very Special Circumstances, Local Plan Policy Application
Administrative Law Planning Law Green Belt Policy Development Plan Interpretation Consistency in Planning Decisions Very Special Circumstances Local Plan Policy Application

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Parties

Pertemps Investments Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Solihull Metropolitan Borough Council

Second Defendant

Procedural Posture

Judicial Review Under Section 288 of the Town and Country Planning Act 1990 / Judgment on Application to Quash Inspector's Decision

Legal Issues

  1. 1 Did the inspector misinterpret and misapply Policy P17 of the Solihull Local Plan?
  2. 2 Did the inspector fail to have regard to or explain inconsistency with the council's decision on Jaguar Land Rover's application?

Ratio Decidendi

The inspector erred in law by misinterpreting Policy P17, failing to recognize its support for the reasonable expansion of established businesses in the Green Belt as a material consideration in the assessment of very special circumstances, and by not addressing or explaining the council's approach in the Jaguar Land Rover case, resulting in inconsistent application of policy and prejudicing the claimant.

Court Disposition

Application allowed; inspector's decision quashed.

Orders

  • Inspector's decision is quashed.