Ribble Valley Borough Council, R (on the application of) v Secretary of State for Housing, Communities and Local Government & Anor

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

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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

  1. 1 Whether the Inspector lawfully applied the Green Belt policy exception in NPPF paragraph 154(g)
  2. 2 Whether the Inspector provided adequate reasons for concluding the whole site was previously developed land (PDL)
  3. 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.