The applicant sought planning permission to pull down some buildings formerly used as a mushroom farm. The application was refused on the ground that it would remain available for industrial use. The applicant contended it would be low grade use. The inspector found that the dilapidated condition of the buildings made it unlikely that any industrial use would be economic. There were also green belt difficulties.
Held: There had been evidence to support the inspector’s view as to the viability of the use. The appellant complained that it had not had a fair crack of the whip, in that the report followed lines not covered by the enquiry. However those issues had been explored. The appeal failed.
Citations:
[2001] EWHC Admin 1131
Links:
Statutes:
Town and Country Planning Act 1990 78
Citing:
Cited – Fairmount Investments Ltd v Secretary of State for the Environment HL 1976
A local authority had made a compulsory purchase order which was challenged and an inquiry was held. The inspector, after the conclusion of the hearing, conducted his own inspection of the premises as a result of which he concluded that the . .
Cited – Castleford Homes Limited v Secretary of State for Environment, Transport and Regions and Royal Borough of Windsor and Maidenhead Admn 2-Feb-2001
. .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 05 June 2022; Ref: scu.168012