A leading planning judge has warned town planners that realism and common sense need to be combined with the law when dealing with planning matters.
The warning was issued by Mr Justice Sullivan in response to a battle over use of land in Sefton, near Crosby, Merseyside, for vehicle dismantling.
Sefton council had refused consent for a site to be used for vehicle dismantling and was considering enforcement proceedings. The site had been used for vehicle dismantling for four years prior to the planning application.
An appeal by the owners was allowed by a planning inspector, subject to conditions.
In its appeal, the council argued that the planning inspector had wrongly compared the use for vehicle dismantling with previous use of the site for light industrial premises.
Dismissing the councils appeal, the judge ruled that the councils approach had been wholly unrealistic.
He said the inspector had been entitled to apply common sense to the situation and had been entitled to “have regard to the realities of the situation in respect of the previous use”.
EGi News 26/06/02
