Forest of Dean District Council v Secretary of State for Communities And Local Government & Anor [2016] EWHC 2429 (Admin) (04 October 2016)

Forest of Dean District Council v Secretary of State for Communities And Local Government & Anor [2016] EWHC 2429 (Admin) (04 October 2016)

The inspector did not err in law in his approach to 'valued landscape' under NPPF paragraph 109; he properly considered whether the site had attributes taking it beyond ordinary countryside and found it did not. Even if there was a verbal infelicity in the decision letter, it did not amount to an unlawful approach or affect the outcome, as the inspector's finding was inevitable on the evidence.

Citation
[2016] EWHC 2429 (Admin)
Parties
Claimant: Forest of Dean District Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Gladman Developments Limited
Jurisdiction
England and Wales
Judgment Date
04 October 2016
Procedural Posture
Statutory Application Under Section 288 of the Town and Country Planning Act 1990 / Judgment on Application to Quash Planning Inspector's Decision
Outcome
Application refused
Legal Topics
Interpretation of National Planning Policy Framework (nppf), Valued Landscape Under NPPF Paragraph 109, Planning Permission, Landscape Assessment, Statutory Interpretation
Planning Law Administrative Law Judicial Review Interpretation of National Planning Policy Framework (nppf) Valued Landscape Under NPPF Paragraph 109 Planning Permission Landscape Assessment Statutory Interpretation

Case Brief

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Parties

Forest of Dean District Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

Gladman Developments Limited

Second Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the planning inspector erred in law by equating 'valued landscape' with designated landscape under NPPF paragraph 109
  2. 2 Whether the inspector failed to properly assess if the site was a 'valued landscape'
  3. 3 Whether any error was material to the outcome

Ratio Decidendi

The inspector did not err in law in his approach to 'valued landscape' under NPPF paragraph 109; he properly considered whether the site had attributes taking it beyond ordinary countryside and found it did not. Even if there was a verbal infelicity in the decision letter, it did not amount to an unlawful approach or affect the outcome, as the inspector's finding was inevitable on the evidence.

Court Disposition

Application refused

Orders

  • Application to quash the inspector's decision is dismissed