Thurrock Borough Council v Secretary of State for Communities & Local Government & Anor

The Inspector correctly applied the relevant policy tests and legal principles, gave substantial weight to Green Belt harm, considered conflict with Green Belt purposes, and properly applied the 'very special circumstances' test; no error of law was demonstrated.

Parties: Claimant: Thurrock Borough Council; 1st Defendant: Secretary of State for Communities & Local Government; 2nd Defendant: Robert Ward
Jurisdiction: England and Wales
Judgment Date: 09 February 2016
Procedural Posture: Judicial Review (section 288 Application) / Final Judgment
Outcome: Application dismissed
Legal Topics: Green Belt Policy, Planning Policy for Traveller Sites, National Planning Policy Framework, Judicial Review Standards

Planning Law Administrative Law Green Belt Policy Planning Policy for Traveller Sites National Planning Policy Framework Judicial Review Standards

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Parties

Thurrock Borough Council

Claimant

Secretary of State for Communities & Local Government

1st Defendant

Robert Ward

2nd Defendant

Procedural Posture

Judicial Review (section 288 Application) / Final Judgment

Legal Issues

1 Whether the Inspector failed to attribute substantial weight to Green Belt harm as required by NPPF
2 Whether the Inspector failed to consider conflict with Green Belt purposes in overall balance
3 Whether the Inspector applied the correct test for 'very special circumstances' under NPPF

Ratio Decidendi

Court Disposition

Application dismissed