Ribble Valley Success as High Court Quashes Planning Appeal Decision

The High Court has quashed a Planning Inspector’s decision to allow the construction of a new dwelling on Green Belt land in the Ribble Valley.

In Ribble Valley Borough Council v the Secretary of State for Housing, Communities and Local Government and Majid Hussain, Deputy High Court Judge Ridge ruled that inappropriate development was proposed, constituting a breach of Green Belt policy.

The council applied to the High Court to quash a decision by the Planning Inspectorate to allow an appeal by Majid Hussain to erect a private dwelling on Green Belt land adjacent to Further Lane, Mellor.

The council argued that the inspector had erred in law when making his decision on the basis that he had misinterpreted the application of national planning policy in relation to the Green Belt.

The Secretary of State for Housing, Communities and Local Government said she agreed with the council and did not participate in the hearing.

The fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open; the essential characteristics of Green Belts are their openness and their permanence.

Ribble Valley has a limited amount of Green Belt land, and the council will continue to protect it from inappropriate development.

In her ruling, Deputy High Court Judge Ridge quashed the decision by planning inspector S Dean, saying: “The Inspector unlawfully applied Green Belt policy and in particular the paragraph 154(g) exception to all of the site.”

Nicola Hopkins, the council’s director of economic development and planning, said:

“The limited amount of Green Belt land within the Ribble Valley successfully restricts urban sprawl and protects the valley’s highly valuable landscape.

 

“This ruling confirms the correct application of Green Belt policy and reinforces the fact that inappropriate development will not be supported in the Green Belt. The council will continue to protect the borough from harmful development”

Council leader Simon Hore said:

“Our officers work hard to ensure the right type of development takes place in the right locations across the borough and we welcome this judgment, which has supported and protected our Green Belt land.”

The matter will now be referred back to the Planning Inspectorate for reconsideration.