Samuel Smith Old Brewery (Tadcaster), R (on the application of) v Selby District Council & Ors

Samuel Smith Old Brewery (Tadcaster), R (on the application of) v Selby District Council & Ors

The planning authority failed to properly consider whether there was a reasonable prospect of obtaining planning permission for the necessary operational development and whether resumption of the petrol filling station use would be commercially viable. The authority's decision was therefore fundamentally flawed and could not stand.

Parties
Claimant: Samuel Smith Old Brewery (Tadcaster); Defendant: Selby District Council; Interested Party: PM Bradley; Interested Party: JS Rogerson; Interested Party: BW SIPP Trustees Limited
Jurisdiction
England and Wales
Judgment Date
23 November 2005
Procedural Posture
Judicial Review / Judgment
Outcome
Application allowed; planning permission quashed; costs to claimant.
Legal Topics
Green Belt, Abandonment of Use, Planning Permission, Judicial Review, Commercial Viability
Planning Law Administrative Law Green Belt Abandonment of Use Planning Permission Judicial Review Commercial Viability

Case Brief

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Parties

Samuel Smith Old Brewery (Tadcaster)

Claimant

Selby District Council

Defendant

PM Bradley

Interested Party

JS Rogerson

Interested Party

BW SIPP Trustees Limited

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the use of the site as a petrol filling station had been abandoned
  2. 2 Whether there was a reasonable prospect of resuming the petrol filling station use
  3. 3 Whether the planning authority properly considered the commercial viability and planning prospects for resumption of use

Ratio Decidendi

The planning authority failed to properly consider whether there was a reasonable prospect of obtaining planning permission for the necessary operational development and whether resumption of the petrol filling station use would be commercially viable. The authority's decision was therefore fundamentally flawed and could not stand.

Court Disposition

Application allowed; planning permission quashed; costs to claimant.

Orders

  • Planning permission dated 4 March 2005 quashed.
  • Defendant to pay claimant's costs, to be assessed if not agreed.