The High Court has backed the refusal of planning permission for a residential development in Birmingham, in a judgment that considers the conflict between commercial/industrial and residential land uses.
Inderjit Dubb had sought planning consent for the development on the Handsworth site, which was used predominantly for industrial and commercial purposes, including a warehouse and a nightclub.
The local authority and an inspector both refused consent on the basis that the building of homes would, among other things, affect future industrial and commercial development in the area. The inspector also held that the scheme conflicted with the local plan, and that the existing use of the site would result in poor amenities for residents moving into the proposed homes.
Pitchford J has held that the inspector’s decision was both rational and lawful, that his interpretation of local policy was correct, and that he had correctly carried out the necessary balancing exercise.
Dubb v Secretary of State for Transport, Local Government and the Regions Queen’s Bench Division (Pitchford J) 7 February 2003.
Christopher Boyle (instructed by Athi Kulisra Smith, of Sheffield) appeared for the claimant; David Forsdick (instructed by the Treasury Solicitor) appeared for the Secretary of State.
References: PLS News 11/02/03
