Hague & Anor, R (on the application of) v Warwick District Council [2008] EWHC 3252 (Admin) (15 December 2008)

Hague & Anor, R (on the application of) v Warwick District Council [2008] EWHC 3252 (Admin) (15 December 2008)

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 anomaly was unsupported, and a different planning judgment by a subsequent inspector does not constitute exceptional circumstances necessitating change.

Citation
[2008] EWHC 3252 (Admin)
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 (section 287 Town and Country Planning Act 1990) / Final Judgment
Outcome
Claim allowed; inspector's decision quashed.
Legal Topics
Green Belt Boundaries, Exceptional Circumstances, Local Plan Review, Judicial Review of Planning Decisions
Administrative Law Planning Law Green Belt Boundaries Exceptional Circumstances Local Plan Review Judicial Review of Planning Decisions

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Parties

Michael Norman Hague

Claimant

Barbara Anne Hague

Claimant

Warwick District Council

Defendant

Procedural Posture

Judicial Review (section 287 Town and Country Planning Act 1990) / Final Judgment

Legal Issues

  1. 1 Whether the inspector's decision to include the claimants' land within the green belt was lawful
  2. 2 Whether exceptional circumstances necessitated alteration of the green belt boundary

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 anomaly was unsupported, and a different planning judgment by a subsequent inspector does not constitute exceptional circumstances necessitating change.

Court Disposition

Claim allowed; inspector's decision quashed.

Orders

  • Inclusion of the triangle of land in the green belt is quashed.
  • Precise order to be agreed between parties, with plan attached to identify site.