A4 Metal Recycling v Secretary of State for Communities And Local Government & Anor
The Inspector's determination of the fallback position based on the 2005 CLUED, finding a material change of use, and assessment of harm against relevant policies and presumptions was within his planning judgment and not subject to successful challenge; the claim fails.
- Parties
- Claimant: A4 Metal Recycling; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: West Berkshire District Council
- Jurisdiction
- England and Wales
- Judgment Date
- 31 July 2014
- Procedural Posture
- Judicial Review / Final Judgment
- Outcome
- Claim dismissed
- Legal Topics
- Material Change of Use, Fallback Position, Planning Permission, Noise Impact, Bridleway Access, Areas of Outstanding Natural Beauty, Waste Management Policy, Scrap Metal Dealers Act
Case Brief
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Parties
A4 Metal Recycling
Claimant
Secretary of State for Communities and Local Government
First Defendant
West Berkshire District Council
Second Defendant
Procedural Posture
Judicial Review / Final Judgment
Legal Issues
- 1 Whether the Inspector erred in finding a material change of use
- 2 Whether the Inspector properly determined the fallback position
- 3 Whether the Inspector correctly balanced harm against presumptions in favour of development
Ratio Decidendi
The Inspector's determination of the fallback position based on the 2005 CLUED, finding a material change of use, and assessment of harm against relevant policies and presumptions was within his planning judgment and not subject to successful challenge; the claim fails.
Court Disposition
Claim dismissed
Full Case Text
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