Fox Land and Property Ltd v Secretary of State for Communities and Local Government & Anor

The Secretary of State was entitled to conclude that the Green Belt policies remained in force, acted within the bounds of fairness and rationality, had evidential support for his conclusions, and did not err in law or act irrationally in refusing planning permission. The application to quash the decision is dismissed.

Parties: Claimant: Fox Land and Property Limited; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Castle Point Borough Council
Jurisdiction: England and Wales
Judgment Date: 17 January 2014
Procedural Posture: Judicial Review / Judgment on Application to Quash Planning Decision
Outcome: Application dismissed
Legal Topics: Town and Country Planning, Green Belt Policy, Judicial Review, Natural Justice

Administrative Law Planning Law Town and Country Planning Green Belt Policy Judicial Review Natural Justice

Case Brief

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Parties

Fox Land and Property Limited

Claimant

Secretary of State for Communities and Local Government

First Defendant

Castle Point Borough Council

Second Defendant

Procedural Posture

Judicial Review / Judgment on Application to Quash Planning Decision

Legal Issues

1 Whether the lapse of Policy GB1 meant there was no Green Belt policy in Castle Point
2 Whether the Secretary of State acted unfairly by not disclosing post-inquiry representations
3 Whether the Secretary of State had a sufficient evidential basis to disagree with the inspector's findings

Ratio Decidendi

Court Disposition

Application dismissed