The operator of a Chiltern garden centre has failed in its challenge to an enforcement notice issued by Chiltern District Council last February.
The notice, served on Hildreths China & Glass Ltd, the owner of Hildreth’s Garden Centre near Prestwood, Buckinghamshire, alleged that the use of an area of land adjacent to the garden centre had changed from agriculture to mixed use for agriculture and the storage and display of goods.
The development of the 1.5ha green-belt site, which is within the Chiltern area of outstanding natural beauty, was considered by the council as “inappropriate… and detrimental to the openness of the green belt and harmful to the rural character and appearance of the surrounding Chiltern AONB”.
The High Court has now backed the council’s position by rejecting Hildreths’ claim that an inspector appointed to review the council’s decision had failed to take a previous development into consideration. Hildreths had also argued that the inspector had failed to consider whether there special circumstances could justify the grant of permission for such a development in the area.
Elias J found that no genuine doubt existed that the inspector had taken the previous development into consideration and had uncompromisingly rejected the proposed development. He added that Hildreth’s argument in respect of special circumstances had not advanced any points that differed from the first ground of appeal.
Hildreths China & Glass Ltd v First Secretary of State and another Queen’s Bench Division (Elias J) 10 March 2003.
Joanna Clayton (instructed by Parrott & Coales, of Aylesbury) appeared for the claimant; James Strachan (instructed by the Treasury Solicitor) appeared for the first defendant; the second defendants, Chiltern District Council, did not appear and were not represented.
References: PLS News 13/3/03
