The owners of 3.6ha of agricultural land just 400 yards from Mexborough sewage treatment works have succeeded in a High Court challenge to the local councils designation of the site as “open space”.
The land in Pastures Road, Mexborough, was initially included in the green belt but was ultimately designated as “open space” after council planning officer Jeffrey Prior concluded that it was unsuitable for residential development.
In making that designation, the council went counter to a planning inspectors report recommending modification of the UDP to exclude the land from the green belt and suggesting that it should be reconsidered for housing development.
The owners of the land, Gregory and Martin Braithwaite, challenged the councils decision accusing them of failing to consider the planning inspectors report or the Braithwaites objections fairly and reasonably. The Braithwaites also claimed that the council had been wrong to refuse to hold a second public inquiry into the matter after deciding to give the land “open space” status.
Allowing the challenge on the latter two grounds, Forbes J said that the council had never given adequate reasons for allocating the site as an “open space” and that, in those circumstances, the Braithwaites had not had an opportunity to challenge the modification to the UDP.
He also said that the council had failed to take into account what he described as “the highly material consideration that the proposed modification had not been considered.” That, he said, rendered the council’s decision to adopt the “open space” modification without a second inquiry “irrational, unreasonable and unlawful”.
Braithwaite and another v Doncaster Borough Council Chester Crown Court (Forbes J) 16 March 2000
PLS News 20/3/00
