The High Court has upheld Swale Borough Councils decision to block plans for residential development at the former Gleneagles Petrol Filling Station at Danaway, just off the A249 Maidstone road near Sittingbourne, Kent.
Henriques J rejected a challenge by developer Abbeydown Ltd to the borough councils refusal of planning consent for the construction of five houses on the site, which closed as a petrol station in early 1999. The company had claimed that the plan was supported by the parish council.
Abbeydown initially challenged Swales decision at a DETR inquiry. However, on that occasion the inspector backed the councils view and also accepted their additional argument that they were entitled, under section 215 of the Town and Country Planning Act 1990, to require the removal of the existing filling station buildings, canopies and areas of hard standing from the site.
On appeal to the High Court, Adrian Thomas, counsel for Abbeydown, argued that the inspector took a wrong view of the law in respect of the site clearance and that his decision should not be allowed to stand.
He said the council and the inspector had ignored the fact that planning policy allowed for new residential development at villages such as Danaway where there was a special local justification.
Dismissing the challenge, however, the judge found that the inspector was entitled to reach the decision he did. The judge said: “His decision was not reached under a mistake, nor was his decision in error. The inspector did not fail to take account of a material consideration”.
However, Henriques J held that although it might be open to the council to require clearance of the site, Abbeydown would be in a position to mount a further appeal against any such requirement.
Abbeydown Ltd v Secretary of State for the Environment, Transport and the Regions Queens Bench Division: Administrative Court (Henriques J) 6 November 2000
Adrian Trevelyan-Thomas (instructed by Ingram Winter Green) appeared for the claimant; Timothy Mould (instructed by the Treasury Solicitor) appeared for the defendant.
PLS News 8/11/00
