West v First Secretary of State & Anor

West v First Secretary of State & Anor

The inspector properly considered both actual and policy harm to the Green Belt, assessed the claimant's circumstances individually and collectively, and was entitled to decide the case on the material before him without further inquiry. There was no procedural unfairness or breach of Article 6 ECHR.

Parties
Claimant: Sandi Pauline West; First Defendant: First Secretary of State; Second Defendant: Rochford District Council
Jurisdiction
England and Wales
Judgment Date
27 April 2005
Procedural Posture
Judicial Review (planning) / Final Judgment
Outcome
Claim dismissed
Legal Topics
Town and Country Planning, Green Belt Policy, Procedural Fairness, Article 6 ECHR, Article 8 ECHR
Administrative Law Planning Law Human Rights Town and Country Planning Green Belt Policy Procedural Fairness Article 6 ECHR Article 8 ECHR

Case Brief

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Parties

Sandi Pauline West

Claimant

First Secretary of State

First Defendant

Rochford District Council

Second Defendant

Procedural Posture

Judicial Review (planning) / Final Judgment

Legal Issues

  1. 1 Whether the inspector failed to consider actual harm to the Green Belt beyond policy harm
  2. 2 Whether the inspector failed to consider the cumulative effect of the claimant's circumstances as very special circumstances
  3. 3 Whether the inspector was required to make further inquiry under the written representations procedure for fairness or under Article 6 ECHR

Ratio Decidendi

The inspector properly considered both actual and policy harm to the Green Belt, assessed the claimant's circumstances individually and collectively, and was entitled to decide the case on the material before him without further inquiry. There was no procedural unfairness or breach of Article 6 ECHR.

Court Disposition

Claim dismissed