Ribble Valley Borough Council, R (on the application of) v Secretary of State for Housing, Communities and Local Government & Anor
The Inspector unlawfully applied the Green Belt policy exception in NPPF paragraph 154(g) to the entire site without properly assessing the extent and proportion of previously developed land as required by law, failed to provide adequate reasons for this conclusion, took into account an immaterial consideration (equestrian use), and reached an irrational conclusion, thereby rendering the planning permission unlawful and requiring it to be quashed.
- Parties
- Claimant: Ribble Valley Borough Council; First Defendant: Secretary of State for Housing, Communities and Local Government; Second Defendant: Majid Hussain
- Jurisdiction
- England and Wales
- Judgment Date
- 22 January 2026
- Procedural Posture
- Statutory Review Under Section 288 of the Town and Country Planning Act 1990 / Judgment After Substantive Hearing
- Outcome
- Claim allowed; planning permission quashed.
- Legal Topics
- Green Belt Policy, National Planning Policy Framework (nppf), Previously Developed Land (pdl), Planning Appeals, Statutory Review, Decision Making Process, Reasoning and Adequacy of Reasons, Material and Immaterial Considerations
Case Brief
Summary, issues, holding and outcome
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Parties
Ribble Valley Borough Council
Claimant
Secretary of State for Housing, Communities and Local Government
First Defendant
Majid Hussain
Second Defendant
Procedural Posture
Statutory Review Under Section 288 of the Town and Country Planning Act 1990 / Judgment After Substantive Hearing
Legal Issues
- 1 Whether the Inspector lawfully applied the Green Belt policy exception in NPPF paragraph 154(g)
- 2 Whether the Inspector provided adequate reasons for concluding the whole site was previously developed land (PDL)
- 3 Whether the Inspector took into account an immaterial consideration (equestrian use)
Ratio Decidendi
The Inspector unlawfully applied the Green Belt policy exception in NPPF paragraph 154(g) to the entire site without properly assessing the extent and proportion of previously developed land as required by law, failed to provide adequate reasons for this conclusion, took into account an immaterial consideration (equestrian use), and reached an irrational conclusion, thereby rendering the planning permission unlawful and requiring it to be quashed.
Court Disposition
Claim allowed; planning permission quashed.
Orders
- The Inspector's decision granting planning permission is quashed.
- Counsel to draw up an order reflecting the judgment and costs.
Full Case Text
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