Hague & Anor, R (on the application of) v Warwick District Council

Hague & Anor, R (on the application of) v Warwick District Council

There was no evidence of a later event or error that clearly and permanently falsified the original decision to exclude the land from the green belt; the inspector's assumption of an anomaly was unsupported, and the inclusion of the land in the green belt was not justified by exceptional circumstances necessitating the change.

Parties
Claimant: Michael Norman Hague; Claimant: Barbara Anne Hague; Defendant: Warwick District Council
Jurisdiction
England and Wales
Judgment Date
15 December 2008
Procedural Posture
Judicial Review / Judgment
Outcome
Claim allowed
Legal Topics
Green Belt Boundaries, Exceptional Circumstances, Judicial Review of Planning Decisions
Planning Law Administrative Law Green Belt Boundaries Exceptional Circumstances Judicial Review of Planning Decisions

Case Brief

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Parties

Michael Norman Hague

Claimant

Barbara Anne Hague

Claimant

Warwick District Council

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the inspector's decision to include the claimants' land within the green belt was lawful under the Town and Country Planning Act 1990 and relevant policy guidance (PPG2)
  2. 2 Whether exceptional circumstances necessitating the change to the green belt boundary were established

Ratio Decidendi

There was no evidence of a later event or error that clearly and permanently falsified the original decision to exclude the land from the green belt; the inspector's assumption of an anomaly was unsupported, and the inclusion of the land in the green belt was not justified by exceptional circumstances necessitating the change.

Court Disposition

Claim allowed

Orders

  • The inclusion of the claimants' triangle of land in the green belt is quashed.
  • Costs to be subject to detailed assessment if not agreed.