Newlyn Dean & Sons LTD v Secretary of State for Communities And Local Government

Newlyn Dean & Sons LTD v Secretary of State for Communities And Local Government

The Inspector correctly interpreted PPG2 by requiring all uses, including outdoor sport and recreation, to preserve openness in the Green Belt; her factual assessment that paintballing and livery uses materially reduced openness was rational and lawful; no procedural unfairness occurred as the proposed planning...

Source-derived case information.

Parties
Appellant: Newlyn Dean & Sons Limited; First Respondent: Secretary of State for Communities and Local Government; Second Respondent: East Dorset District Council
Jurisdiction
England and Wales
Judgment Date
27 February 2014
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Green Belt Policy, Inappropriate Development, Planning Permission, Visual Amenity, Procedural Fairness, Habitats and Species Regulations
Planning Law Environmental Law Green Belt Policy Inappropriate Development Planning Permission Visual Amenity Procedural Fairness Habitats and Species Regulations

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Parties

Newlyn Dean & Sons Limited

Appellant

Secretary of State for Communities and Local Government

First Respondent

East Dorset District Council

Second Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the Inspector misinterpreted Planning Policy Guidance Note 2 (PPG2) regarding inappropriate development in the Green Belt
  2. 2 Whether the Inspector's conclusions on visual impact and rural character were irrational or unfair
  3. 3 Whether livery use could be controlled by planning conditions to prevent harm to the Dorset Heathlands Special Area of Conservation

Ratio Decidendi

The Inspector correctly interpreted PPG2 by requiring all uses, including outdoor sport and recreation, to preserve openness in the Green Belt; her factual assessment that paintballing and livery uses materially reduced openness was rational and lawful; no procedural unfairness occurred as the proposed planning condition was not before the Inspector.

Court Disposition

appeal dismissed