Source: All England Reporter
Publisher Citation: [2005] All ER (D) 363 (Nov)
Neutral Citation: [2005] EWHC 2640 (Admin)
Court: Queen's Bench Division (Administrative Court)
Judge:

Crane J

Representation Harry Wolton QC and Robin Green (instructed by Hallmarks) for the claimants.
  James Strachan (instructed by the Treasury Solicitor) for the Secretary of State.
  The second defendants did not appear and were not represented.
Judgment Dates: 28 November 2005

Catchwords

Town and country planning - Permission for development - Green Belt - Refusal by Secretary of State - Finding of no very special circumstances outweighing harm to Green Belt - Whether Secretary of State erring in dismissing application.

The Case

In the circumstances, the defendant Secretary of State was entitled, as a matter of planning judgment, to differ from the inspector, appointed by him to hold a public inquiry into the claimants' application for planning permission, as to the effect of the proposed redevelopment on the Green Belt and whether there were very special circumstances to allow the proposed development.

Practice Areas

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