Mole Valley District Council v Secretary of State for Housing, Communities and Local Government & Anor

Mole Valley District Council v Secretary of State for Housing, Communities and Local Government & Anor

The Inspector's interpretation of NPPF 2024 and Green Belt policy was consistent with binding authority; deliverability was assessed on available evidence and not solely on planning permission; there was no legal obligation to consider the Examining Inspector's Report absent its presentation by the parties. All grounds for review and appeal are unarguable.

Parties
Claimant / Appellant: Mole Valley District Council; First Defendant / Respondent: Secretary of State for Housing, Communities and Local Government; Second Defendant / Respondent: Margaret Meloney
Jurisdiction
England and Wales
Judgment Date
09 February 2025
Procedural Posture
Statutory Review and Appeal Under S.288 and S.289 Town and Country Planning Act 1990 / Permission Hearing and Merits Determination
Outcome
Permission to seek statutory review and appeal refused; all grounds dismissed.
Legal Topics
Green Belt Policy, Gypsy and Traveller Accommodation, Statutory Review, Planning Policy for Traveller Sites, National Planning Policy Framework
Planning Law Administrative Law Green Belt Policy Gypsy and Traveller Accommodation Statutory Review Planning Policy for Traveller Sites National Planning Policy Framework

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Parties

Mole Valley District Council

Claimant / Appellant

Secretary of State for Housing, Communities and Local Government

First Defendant / Respondent

Margaret Meloney

Second Defendant / Respondent

Procedural Posture

Statutory Review and Appeal Under S.288 and S.289 Town and Country Planning Act 1990 / Permission Hearing and Merits Determination

Legal Issues

  1. 1 Whether the Inspector misinterpreted Green Belt policy in NPPF 2024 regarding harm to openness
  2. 2 Whether the Inspector misapplied the definition of 'deliverable' sites under PPTS
  3. 3 Whether the Inspector failed to consider the Examining Inspector's Report on the Local Plan

Ratio Decidendi

The Inspector's interpretation of NPPF 2024 and Green Belt policy was consistent with binding authority; deliverability was assessed on available evidence and not solely on planning permission; there was no legal obligation to consider the Examining Inspector's Report absent its presentation by the parties. All grounds for review and appeal are unarguable.

Court Disposition

Permission to seek statutory review and appeal refused; all grounds dismissed.