Brian Charley, the owner of the Beanit Farm livery stables in Hob Lane, Balsall Common, near Solihull, has failed in a High Court bid to overturn a decision by Solihull Metropolitan Borough Council refusing outline planning permission to build residential accommodation for staff and students at the green belt site. The councils decision was later upheld by a DoE inspector.
The inspector and the council took the view that, as Mr Charleys present operation relied heavily on success in the narrow, specialised field of competitive show-jumping, in which he had had a considerable personal reputation, the business was unlikely to be continued in its present form after his personal involvement had ceased. Under the circumstances, they took the view it would be difficult to dispose of the proposed house in the future, without removal of the occupancy condition.
Jeremy Cahill, counsel for Mr Charley, argued that the dwelling would be an appropriate development under existing planning regulations because it was an essential facility for the purposes of an outdoor sport, and there was a requirement for onsite supervision of horses.
But, dismissing the appeal, deputy judge Nigel Macleod QC said that the inspector had applied the correct approach to the case and had given clear reasons for his decision. He said the inspector had been entitled to find that there was no reason to suggest that the livery business could not continue to thrive in its present state without the addition of residential accommodation, and that there were no exceptional circumstances which would justify building on a green belt site.
Charley v Secretary of State for the Environment, Transport and the Regions (Mr Nigel Macleod QC, sitting as a deputy judge of the Division) 17 May 2000.
Jeremy Cahill (instructed by Smith-Woolley, of Knowle) appeared for the claimant; Alun Alesbury (instructed by the Treasury Solicitor) appeared for the first respondent; the second defendants, Solihull, were not represented.
PLS News 19/5/00
