Landowner Terry Holding has failed to block Thurrock Borough Councils right to challenge a DoE inspectors decision allowing the use of green belt land at Kings Farm, Parkers Farm Road, Orsett, Essex, as an airfield and for the storage of aircraft.
In May this year Deputy Judge Nigel Macleod QC gave the council leave to challenge the inspector’s decision to overturn two enforcement notices alleging unauthorised change of use of the land.
The Court of Appeal has now upheld that decision, and has dismissed Mr Holding’s claim that the judge had no power to allow the council to mount a legal challenge.
Thurrock Borough Council v Secretary of State for the Environment, Transport and the Regions and another Court of Appeal (Brooke and Robert Walker LJJ, and Sir Ronald Waterhouse) 13 December 2000.
Stephen Hockman QC and Kevin Leigh (instructed by Jennings Sons & Ash) appeared for the appellant; John Hobson QC and Clare Lockhart (instructed by the solicitor to Thurrock Borough Council) appeared for the respondents.
PLS News 14/12/00
