Bristol City Council, R (on the application of) v First Secretary of State & Ors

Bristol City Council, R (on the application of) v First Secretary of State & Ors

The Inspector was entitled to conclude, as a matter of planning judgment, that the site was previously-developed land, had not blended into the natural surroundings, and that the absence of a PPG17 assessment was not determinative given the specific facts, including the lack of statutory protection and the disputed amenity use.

Parties
Claimant: Bristol City Council; First Defendant: First Secretary of State; Second Defendant: Edward Ware Urban Renewal Limited; Third Defendant: Petherton Limited
Jurisdiction
England and Wales
Judgment Date
19 July 2004
Procedural Posture
Judicial Review / Judgment on Application to Quash Planning Permission
Outcome
Application refused
Legal Topics
Town and Country Planning, Judicial Review, Interpretation of Planning Policy, Open Space Protection
Planning Law Administrative Law Town and Country Planning Judicial Review Interpretation of Planning Policy Open Space Protection

Case Brief

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Parties

Bristol City Council

Claimant

First Secretary of State

First Defendant

Edward Ware Urban Renewal Limited

Second Defendant

Petherton Limited

Third Defendant

Procedural Posture

Judicial Review / Judgment on Application to Quash Planning Permission

Legal Issues

  1. 1 Whether the Inspector erred in his approach to Planning Policy Guidance Note 17 (PPG17) regarding open space assessments
  2. 2 Whether the Inspector misapplied the definition of previously-developed land in Annex C to PPG3

Ratio Decidendi

The Inspector was entitled to conclude, as a matter of planning judgment, that the site was previously-developed land, had not blended into the natural surroundings, and that the absence of a PPG17 assessment was not determinative given the specific facts, including the lack of statutory protection and the disputed amenity use.

Court Disposition

Application refused

Orders

  • Application to quash the Inspector's decision is refused