Samuel Smith Old Brewery (Tadcaster) v Secretary of State for Communities & Ors

Samuel Smith Old Brewery (Tadcaster) v Secretary of State for Communities & Ors

The inspector and Secretary of State were entitled, as a matter of planning judgment, to conclude that the prospect of reuse of the buildings could not be ruled out and that the potential benefits justified granting conditional planning permission, even if the evidence of need and viability was weak.

Parties
Appellant: Samuel Smith Old Brewery (Tadcaster); First Respondent: Secretary of State for Communities & Local Government; Second Respondent: Selby District Council; Third Respondent: UK Coal Mining Ltd
Jurisdiction
England and Wales
Judgment Date
16 March 2009
Procedural Posture
Civil Appeal / Judgment on Appeal From Queen’s Bench Division, Administrative Court
Outcome
appeal dismissed
Legal Topics
Planning Permission, Viability Assessment, Development Plan Policy, Judicial Review, Conditions on Planning Permission
Planning Law Administrative Law Planning Permission Viability Assessment Development Plan Policy Judicial Review Conditions on Planning Permission

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Parties

Samuel Smith Old Brewery (Tadcaster)

Appellant

Secretary of State for Communities & Local Government

First Respondent

Selby District Council

Second Respondent

UK Coal Mining Ltd

Third Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Queen’s Bench Division, Administrative Court

Legal Issues

  1. 1 Whether the inspector and Secretary of State failed to properly consider viability evidence regarding the refurbishment of buildings as a separate issue.
  2. 2 Whether the decision to grant conditional planning permission was based on mere speculation rather than a real prospect of the buildings being brought into use.

Ratio Decidendi

The inspector and Secretary of State were entitled, as a matter of planning judgment, to conclude that the prospect of reuse of the buildings could not be ruled out and that the potential benefits justified granting conditional planning permission, even if the evidence of need and viability was weak.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.