Copas & Anor v Secretary of State for Communities & Local Government & Anor
2014
ADMINISTRATIVE COURT
UK
CORAM
- THE HONOURABLE MR JUSTICE SUPPERSTONE
Areas of Law
- Administrative Law
- Civil Procedure
- Property and Real Estate Law
2014
ADMINISTRATIVE COURT
UK
CORAM
AI Generated Summary
The court dismissed an application under s.288 of the Town and Country Planning Act 1990 to quash the decision of an Inspector who had refused planning permission for 23 affordable housing units on Green Belt land. The case raised issues about the Inspector’s use and understanding of a Written Statement and the weight given to the availability of alternative sites. The court upheld the Inspector’s decision, emphasizing principles of fairness, proper consideration of policy, and the weight of unmet housing needs against Green Belt protection.
Judgment
Mr Justice Supperstone :
Introduction
This is an application made under s.288 of the Town and Country Planning Act 1990 (“ the 1990 Act ”) to quash the decision of one of the Inspectors of the First Defendant, the Secretary of State for Communities and Local Government, dated 19 February 2014. By her decision the Inspector dismissed the appeal made by the Claimants, Mr James Copas and Mr Richard Copas, against the decision of the Second Defendant, the Royal Borough of Windsor and Maidenhead, to refuse planning permission for the erection of 23 affordable housing units, together with access, parking and landscaping (“the Development”) at the rear of 99-119 Whiteladyes Lane, Cookham, Berkshire, SL6 1RL.
Mr Matthew Reed appears on behalf of the Claimants, who were the applicants for planning permission. Ms Justine Thornton appears on behalf of the Secretary of State.
The Second Defendant is the local planning authority for the area within which the Development is situated. The Council has taken no active part in these proceedings.
The Factual Background
By an application dated 23 March 2013 the Claimants sought planning permission for the construction of 23 affordable housing units on Green Belt land in Berkshire. The application was refused by the Second Defendant on 26 June 2013. The Claimants appealed against that refusal. The hearing was held on 21 January 2014, when the Inspector made a site visit. Her decision was issued on 19 February 2014.
The Inspector’s Decision Letter (“DL”)
The Inspector identified the main issues for the hearing as follows:
“6. The appeal site lies in the Green Belt. There is no dispute between the parties that the proposed development should be regarded as inappropriate development in the Green Belt for the purposes of the National Planning Policy Framework (the Framework) and Green Belt policies in the Royal Borough of Windsor and Maidenhead Local Plan (LP). I agree with that position.
7. The main issues therefore are the effect of the proposed development on the purposes of the Green Belt, its openness, its visual amenities and the appearance of the surrounding countryside. The final issue is whether the harm by reason of inappropriateness, and any other harm, is clearly outweighed by other considerations so as to amount to the very special circumstances necessary to justify the development.”
The Inspector dealt with the effect of the Development on the Green Belt and neighbouring land at paragraphs 9-14.