The Court of Appeal has allowed an appeal by the Environment Secretary against a High Court ruling that he should reconsider his decision to block development plans for 445 new homes on a 15.4ha greenfield site in Lancashire.
In September 2002, the High Court allowed a challenge by Alderney Estates Ltd in respect of the development of the site to the east and north of Warton, near Preston, and returned the matter to the Secretary of State for reconsideration.
In the Court of Appeal, Carnwath LJ backed the judge’s decision to refer the matter back to the Secretary of State, but ruled that other considerations should also be taken into account.
He said that the identification of development sites for a period of five years was one small factor, but that it was not a “trumping factor” in deciding whether to permit greenfield development.
Warton has long been targeted for “consolidation and expansion” in local planning policies, but the Secretary of State has refused to accept the recommendation of one of his own planning inspectors who, after a public inquiry, had said that consent should be granted because of the urgent need for more housing in the area.
Alderney Estates Ltd v Secretary of State for Transport, Local Government and the Regions Court of Appeal (Simon Brown, Buxton and Carnwath LJJ) 21 February 2003.
Philip Coppel (instructed by the Treasury Solicitor) appeared for the appellant; Stephen Sauvain QC (instructed by DLA) appeared for the respondent.
References: PLS News 24/2/03
