A developer has failed in his High Court challenge to a refusal of planning permission for a housing development scheme in Swindon.
Maurice Kay J has dismissed the appeal by Crown Timber Group to an inspector’s decision backing Swindon Borough Council’s refusal of permission for the development of land in Thornhill Road, South Marston.
The council refused Crown Timber’s application in November 2001, on the grounds that the site was outside its housing policy area and that the proposed development would be contrary to the provisions of both the local and structure plans.
On appeal, the inspector backed the decision, holding that the development would erode the integrity of the village as a distinctive entity. He held also that transport links were insufficient to encourage potential residents to travel without the use of cars.
Crown Timber appealed, claiming that the inspector had failed properly to follow national planning policy guidance, which gave preference to the development of previously developed land, such as this, rather than to greenfield sites.
Maurice Kay J stated that it was clear that the inspector had had the guidance “well in mind” in balancing the adverse effect of the development against its potential advantages.
He said that the inspector’s conclusion, that the adverse effect outweighed the desirability of prioritising previously developed land, was carefully reasoned, and left any reader of the decision letter in no doubt as to why Crown Timber’s application had been unsuccessful.
Crown Timber Group plc v First Secretary of State Queen’s Bench Division (Maurice Kay J) 31 March 2003.
Ian Dove (instructed by Masons, of Bristol) appeared for the claimant; Jonathan Karas (instructed by the Treasury Solicitor) appeared for the defendant.
References: PLS News 2/4/03
