Casey, R (on the application of) v The First Secretary of State & Anor

Casey, R (on the application of) v The First Secretary of State & Anor

The Inspector's assessment of noise from kennels and its impact on residential amenity was a matter of common sense and judgment, properly raised and resolved at the inquiry, and did not unfairly affect the outcome; the balancing exercise was not improperly conducted and the application to quash the decision must be dismissed.

Parties
Claimant: Michael Casey; First Defendant: First Secretary of State (now Secretary of State for Communities and Local Government); Second Defendant: Royal Borough of Kingston-upon-Thames
Jurisdiction
England and Wales
Judgment Date
09 November 2006
Procedural Posture
Judicial Review / Final Judgment
Outcome
application dismissed
Legal Topics
Planning Permission, Green Belt Policy, Residential Amenity, Noise Nuisance, Public Inquiry Procedure
Planning Law Administrative Law Planning Permission Green Belt Policy Residential Amenity Noise Nuisance Public Inquiry Procedure

Case Brief

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Parties

Michael Casey

Claimant

First Secretary of State (now Secretary of State for Communities and Local Government)

First Defendant

Royal Borough of Kingston-upon-Thames

Second Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Inspector's handling of noise from kennels was procedurally unfair
  2. 2 Whether the site was suitable for residential occupation given proximity to kennels
  3. 3 Whether sustainability under PPG13 was properly considered

Ratio Decidendi

The Inspector's assessment of noise from kennels and its impact on residential amenity was a matter of common sense and judgment, properly raised and resolved at the inquiry, and did not unfairly affect the outcome; the balancing exercise was not improperly conducted and the application to quash the decision must be dismissed.

Court Disposition

application dismissed

Orders

  • claimant to pay first defendant's costs subject to legal aid regulations