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West Lancashire BC v Secretary of State for Communities and Local Government.

Country/Territory
United Kingdom
Type of court
National - higher court
Date
Nov 26, 2009
Source
UNEP, InforMEA
Court name
High Court
Seat of court
Manchester
Judge
Parker.
Reference number
[2009] EWHC 3631 (Admin)
Language
English
Subject
Land & soil, Environment gen.
Keyword
Land-use planning
Abstract
This is an important case concerning the interpretation of Planning Policy Guidance 2: Green Belts ("PPG2", para. 3.12) which provides that a material change of use of Green Belt land is inappropriate development unless it “maintains the openness of the Green Belt”. West Lancashire District Council, the claimant in these proceedings, issued an enforcement notice pursuant to section 172 of the Town and Country Planning Act 1990 in respect of land at Leisure Lakes, Mere Brow, West Lancashire. The breach of control alleged in the notice was, without planning permission, the mixed use of the land for recreational motor vehicle activities including bikes and cycles and for motor racing activities including bikes and cycles. The Inspector appointed by the Secretary of State quashed the enforcement notice and granted consent accordingly. Claimant seeks an order quashing the Inspector's decision. The Judge held that there was no scope for interpreting this policy in a way that would be satisfied by a scheme which would impact on openness, but which could be mitigated by conditions so that the impact would be minimal. The duty to maintain openness, in his Lordship’s view, was an absolute one.The fundamental aim of Green Belt policy is to prevent urban sprawl by keeping land permanently open. The most important attribute of Green Belts is their openness. Material changes of the use of land are inappropriate development unless they maintain openness.
Full text
COU-156655.pdf