Samuel Smith Old Brewery (Tadcaster) v Selby District Council & Anor

Samuel Smith Old Brewery (Tadcaster) v Selby District Council & Anor

The planning committee was misdirected by the officer's report, which erroneously treated personal circumstances and past planning history as very special circumstances justifying inappropriate development in the Green Belt. There was no evidence of hardship, unrequited need, or lack of alternative sites, and the committee failed to consider non-visual harm to the Green Belt. The decision was irrational and materially flawed, warranting quashing of the planning permission.

Parties
Claimant: Samuel Smith Old Brewery (Tadcaster); Defendant: Selby District Council; Interested Party: Mr I H and Mrs K S Hutchinson
Jurisdiction
England and Wales
Judgment Date
16 April 2003
Procedural Posture
Judicial Review / Judgment
Outcome
Application allowed; planning permission quashed; costs awarded to claimant.
Legal Topics
Green Belt Policy, Planning Permission, Judicial Review, Very Special Circumstances
Planning Law Administrative Law Green Belt Policy Planning Permission Judicial Review Very Special Circumstances

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Parties

Samuel Smith Old Brewery (Tadcaster)

Claimant

Selby District Council

Defendant

Mr I H and Mrs K S Hutchinson

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the Defendant misdirected itself in granting planning permission for development in the Green Belt
  2. 2 Whether personal circumstances and planning history constituted 'very special circumstances' justifying inappropriate development
  3. 3 Whether the planning committee properly considered harm to the Green Belt beyond visual impact

Ratio Decidendi

The planning committee was misdirected by the officer's report, which erroneously treated personal circumstances and past planning history as very special circumstances justifying inappropriate development in the Green Belt. There was no evidence of hardship, unrequited need, or lack of alternative sites, and the committee failed to consider non-visual harm to the Green Belt. The decision was irrational and materially flawed, warranting quashing of the planning permission.

Court Disposition

Application allowed; planning permission quashed; costs awarded to claimant.

Orders

  • The planning permission dated 17th September 2002 is quashed.
  • Costs in the sum of £26,500 inclusive of VAT awarded to the claimant against the defendant.