Stafford Borough Council, R (On the Application of) v McCluskey [2011] EWHC 936 (Admin) (20 January 2011)

Stafford Borough Council, R (On the Application of) v McCluskey [2011] EWHC 936 (Admin) (20 January 2011)

The Inspector and Secretary of State correctly applied the statutory test and policy guidance, found the site incapable of reasonably beneficial use due to prohibitive clearance costs and lack of evidence of demand, and gave adequate reasons; no error of law or failure to consider material matters was established.

Citation
[2011] EWHC 936 (Admin)
Parties
Claimant: Stafford Borough Council; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: John McCluskey; Second Defendant: Susan McCluskey
Jurisdiction
England and Wales
Judgment Date
20 January 2011
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Purchase Notice, Reasonably Beneficial Use, Town and Country Planning Act 1990, Green Belt Policy, Costs in Judicial Review
Administrative Law Planning Law Purchase Notice Reasonably Beneficial Use Town and Country Planning Act 1990 Green Belt Policy Costs in Judicial Review

Case Brief

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Parties

Stafford Borough Council

Claimant

Secretary of State for Communities and Local Government

First Defendant

John McCluskey

Second Defendant

Susan McCluskey

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Secretary of State erred in confirming a purchase notice under Section 137 of the Town & Country Planning Act 1990
  2. 2 Whether the site could be rendered capable of reasonably beneficial use in conjunction with neighbouring land
  3. 3 Adequacy of reasons given by the Inspector and Secretary of State

Ratio Decidendi

The Inspector and Secretary of State correctly applied the statutory test and policy guidance, found the site incapable of reasonably beneficial use due to prohibitive clearance costs and lack of evidence of demand, and gave adequate reasons; no error of law or failure to consider material matters was established.

Court Disposition

Application dismissed

Orders

  • Claimant to pay first defendant's costs assessed at £7,405
  • No order for costs in favour of second defendants