Samuel Smith Old Brewery (Tadcaster) v Secretary of State for Communities and Local Government & Ors

Samuel Smith Old Brewery (Tadcaster) v Secretary of State for Communities and Local Government & Ors

The Secretary of State properly considered all material considerations, including financial viability and demand, and was entitled to conclude that the potential of the site as a rail-linked development justified granting planning permission subject to condition 7, which was reasonable and enforceable. There was no legal basis to quash the decision.

Parties
Claimant: Samuel Smith Old Brewery (Tadcaster); 1st Defendant: The Secretary of State for Communities and Local Government; 2nd Defendant: Selby District Council; 3rd Defendant: UK Coal Mining Limited
Jurisdiction
England and Wales
Judgment Date
13 June 2008
Procedural Posture
Judicial Review / Judgment
Outcome
Claim dismissed
Legal Topics
Planning Permission, Material Considerations, Development Plan, Conditions in Planning, Judicial Review of Administrative Decisions
Planning Law Administrative Law Planning Permission Material Considerations Development Plan Conditions in Planning Judicial Review of Administrative Decisions

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Parties

Samuel Smith Old Brewery (Tadcaster)

Claimant

The Secretary of State for Communities and Local Government

1st Defendant

Selby District Council

2nd Defendant

UK Coal Mining Limited

3rd Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Secretary of State failed to consider financial viability evidence
  2. 2 Whether there was evidence of need for the buildings
  3. 3 Whether condition 7 was lawful and effective

Ratio Decidendi

The Secretary of State properly considered all material considerations, including financial viability and demand, and was entitled to conclude that the potential of the site as a rail-linked development justified granting planning permission subject to condition 7, which was reasonable and enforceable. There was no legal basis to quash the decision.

Court Disposition

Claim dismissed