Ashwell Property Group Plc and Ashwell (Barton Road) Ltd v Cambridge City Council

The Council and Inspector lawfully discharged the requirements of Policy 24 of RPG6 through the Structure Plan process. No error of law occurred in the interpretation or application of the relevant policy, and the Inspector's approach was consistent with national and regional planning guidance. The application of an 'exceptional circumstances' test for further Green Belt release was correct in this context.

Parties: Claimant: Ashwell Property Group PLC; Claimant: Ashwell (Barton Road) Limited; Defendant: Cambridge City Council
Jurisdiction: England and Wales
Judgment Date: 20 July 2007
Procedural Posture: Application Under Section 287 of the Town and Country Planning Act 1990 / Judgment After Substantive Hearing
Outcome: Application dismissed
Legal Topics: Local Plans, Green Belt Policy, Statutory Interpretation, Judicial Review

Planning Law Administrative Law Local Plans Green Belt Policy Statutory Interpretation Judicial Review

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Parties

Ashwell Property Group PLC

Claimant

Ashwell (Barton Road) Limited

Claimant

Cambridge City Council

Defendant

Procedural Posture

Application Under Section 287 of the Town and Country Planning Act 1990 / Judgment After Substantive Hearing

Legal Issues

1 Whether the Council and Inspector misunderstood and misapplied Policy 24 of RPG6 in relation to the release of land from the Cambridge Green Belt
2 Whether the Inspector applied the correct legal test for altering Green Belt boundaries
3 Whether the Council's adoption of the Local Plan was unlawful due to legal errors in the Inspector's recommendation

Ratio Decidendi

Court Disposition

Application dismissed