QUEEN'S BENCH DIVISION
ADMINISTRATIVE COURT AT LEEDS
The Courthouse, 1, Oxford Row Leeds LS1 3BG Claimant Defendants |
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B e f o r e :
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BARNSLEY METROPOLITAN BOROUGH COUNCIL |
Claimant |
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- and - |
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(1) THE SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT (2) RICHARD SMITH |
Defendants |
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Mr Martin Carter for the Claimant
Ms Sarah-Jane Davies for the first Defendant
Mr Timothy Jones for the second Defendant
Hearing date: 04 February 2010
Hand down Judgment: 15 February 2010
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HTML VERSION OF JUDGMENT
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Judge Kaye QC:
Introduction
The Background
The Borough's Stance at the Inspector's Hearing
The Inspector's Decision
a. Whether the proposed development would be inappropriate;
b. The effect of the development on the Green Belt;
c. Whether the development would be reasonably well related to services and facilities;
d. Whether the harm to the Green Belt by reason of inappropriateness (if found to be such), and any other harm was clearly outweighed by other considerations;
e. The risk of pollution.
"Although much of the Ings Road site is to some extent screened by vegetation, it has a significant visual presence when viewed across the flat flood plain and from the housing area on the higher land on the other side of the River Dove. I consider it to be a visually intrusive feature in the Green Belt and one which reduces its openness. These impacts are more significant than I have found to be the case in respect of the Green Belt location of the appeal site. The vacation of the site in the medium to long term and the removal of the caravans and associated structures to more suitable locations therefore have potential benefits for the openness and visual amenity of the Green Belt close to Wombwell. No other sites are available to which the appellant family could re-locate and it would therefore seems [sic] to be the case that these benefits are only likely to be obtained through the appeal scheme. However, I appreciate that there can be no guarantee of this since the vacated plots may be occupied by others whose need for accommodation might mean that they take a more measured and tolerant view of the flood risk involved. Nevertheless, the potential benefits to the objectives of Green Belt designation in the Ings Road area are further factors in favour of the appeal scheme."
The Issues on this Appeal
The Legal Framework
The Submissions of Barnsley MBC – Ground 1.
The Submissions of the Defendants – Ground 1.
Discussion on Ground 1.
The Submissions of Barnsley MBC – Ground 2.
a. Informed the inspector that as pitches at the Ings Road Site became vacant they were taken up by other people, even after the flooding events referred to;
b. Emphasised that the use of the Ings Road Site was lawful and unlikely to be brought to an end other than by the owner's decision;
c. Submitted that the weight to be attributed to the potential benefits described was limited due to the two foregoing factors;
d. Made submissions on the comparative features of the impact on the openness and visual amenities caused by the use of the two sites;
e. Argued that other sites found through the DPD process could also have brought the potential benefits for the Green Belt at Wombwell such as to reinforce the case for a temporary permission.
The Submissions of the Defendants – Ground 2.
Discussion on Ground 2.
Conclusions