Samuel Smith Old Brewery Tadcaster v Selby District Council

Samuel Smith Old Brewery Tadcaster v Selby District Council

The Council's officer report lawfully considered all relevant planning policies, conservation area assessments, and consultation responses. The decision to grant planning permission for resurfacing the car park was reasonably open to the Council and did not breach any legal requirements.

Parties
Claimant: Samuel Smith Old Brewery Tadcaster; Defendant: Selby District Council
Jurisdiction
England and Wales
Judgment Date
10 May 2013
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Conservation Areas, Listed Buildings, Planning Permission, Judicial Review, Heritage Assets
Planning Law Administrative Law Conservation Areas Listed Buildings Planning Permission Judicial Review Heritage Assets

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Parties

Samuel Smith Old Brewery Tadcaster

Claimant

Selby District Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Council's decision to grant itself planning permission for resurfacing the car park was lawful
  2. 2 Whether the Council properly considered relevant planning policies and conservation area assessments
  3. 3 Whether financial considerations and alternative schemes were properly addressed

Ratio Decidendi

The Council's officer report lawfully considered all relevant planning policies, conservation area assessments, and consultation responses. The decision to grant planning permission for resurfacing the car park was reasonably open to the Council and did not breach any legal requirements.

Court Disposition

Application dismissed