South Shropshire District Council have failed in their High Court challenge to an inspector’s decision to permit the development of five houses in the picturesque village of Stiperstones.
The council claimed that the inspector was mistaken in assuming that a regular bus service linking the village to Shrewsbury would continue after the development, which would involve the demolition of a garage and coach depot. The bus operator, Minsterley Motors, had planned to relocate to the village of Minsterley, where the bus service would terminate.
The council also argued that the development of four four-bedroom houses and one five-bedroom house in the village was “unsustainable” and that the inspector’s decision to allow it was “perverse”. They claimed that he was wrong to find that the proposed houses would meet a local housing need, contending that he had failed to give sufficient reasons for his decision. They asked Harrison to quash the decision, and order the First Secretary of State to reconsider the matter.
Rejecting the challenge, the judge said that while he could understand the council’s concern over the lack of weight given by the planning inspector to housing policies for the area, the inspector had nevertheless given adequate reasons for reaching his decision.
As to the matter of the bus service, Harrison J said that, at the inquiry, no evidence was presented that the bus route would be terminated if the development were to go ahead. He found that this was nothing more than speculation on the part of the council.
South Shropshire District Council v First Secretary of State Queen’s Bench Division (Harrison J) 23 May 2003.
References: PLS News 28/5/03
