Wainsfort Corporation v Secretary of State for the Environment Transport and the Regions and Another: QBD 7 Dec 2000

The applicant sought permission to erect a boathouse in green belt land. The application was rejected and on appeal, the inspector again rejected the application after considering structure and local plan policies and the PPG2. On appeal, the court held that he was free to consider but distinguish a similar successful application relating to land nearby. It was within his discretion to distinguish the application. The inspector was entitled to find that an ‘essential’ requirement was one requiring a high standard. He was also entitled to reject the contention that the site was rural and that policy GB2 applied. He must still consider the openness of the green belt, which was a very general principle over and above such matters.

Citations:

Gazette 07-Dec-2000

Jurisdiction:

England and Wales

Planning

Updated: 10 April 2022; Ref: scu.90232