Valente v First Secretary of State [2003] EWHC 1196 (Admin) (14 May 2003)

Valente v First Secretary of State [2003] EWHC 1196 (Admin) (14 May 2003)

The inspector failed to take into account the restoration of the Barn as a material planning consideration, which was capable of constituting a 'very special circumstance' justifying the extension of time for hotel development in the Green Belt. This omission was an error of law requiring the decision to be quashed.

Citation
[2003] EWHC 1196 (Admin)
Parties
Claimant: Michele Christopher Luigi Valente; First Defendant: The First Secretary of State; Second Defendant: Thurrock Borough Council
Jurisdiction
England and Wales
Judgment Date
14 May 2003
Procedural Posture
Judicial Review (planning) / High Court Judgment on Application Under Section 288 of the Town and Country Planning Act 1990
Outcome
Application allowed; decision quashed
Legal Topics
Section 73 Applications, Green Belt Policy, Enabling Development, Listed Buildings, Material Planning Considerations, Section 106 Agreements, Judicial Review of Planning Decisions
Planning Law Administrative Law Property Law Section 73 Applications Green Belt Policy Enabling Development Listed Buildings Material Planning Considerations +2 more

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Parties

Michele Christopher Luigi Valente

Claimant

The First Secretary of State

First Defendant

Thurrock Borough Council

Second Defendant

Procedural Posture

Judicial Review (planning) / High Court Judgment on Application Under Section 288 of the Town and Country Planning Act 1990

Legal Issues

  1. 1 Whether the inspector failed to take into account a material planning consideration (restoration of the Barn) when refusing to vary conditions to extend time for reserved matters submission for hotel development in the Green Belt
  2. 2 Whether there were 'very special circumstances' to justify inappropriate development in the Green Belt
  3. 3 Whether there was a material change in planning circumstances since the original permission

Ratio Decidendi

The inspector failed to take into account the restoration of the Barn as a material planning consideration, which was capable of constituting a 'very special circumstance' justifying the extension of time for hotel development in the Green Belt. This omission was an error of law requiring the decision to be quashed.

Court Disposition

Application allowed; decision quashed

Orders

  • The decision of the First Secretary of State dated 20 November 2002 is quashed.
  • The First Defendant is to pay the Claimant's costs, subject to detailed assessment.