0
On 15 August 2025, Mr Justice Choudhury gave judgment in the case of Mole Valley DC v 1. Secretary of State 2. Margaret Meloney [2025] EWHC 2127 (Admin).
One of the issues was whether, pursuant to the National Planning Policy Framework 2024 (particularly paragraphs 142, 153, 155 and footnote 55), the Inspector had erred in law in concluding that the aim of Green Belt openness cannot be compromised by development that is “not inappropriate”. The Judge, applying R (Lee Valley Regional Park Authority) v Epping Forest DC [2016] JPL 1009, concluded that the Inspector had not erred in law and that the claimant authority’s contention to the contrary was unarguable.
Technically, the Judge refused the claimant authority permission to make an application to the High Court under Town and Country Planning Act 1990 section 288. It followed, by reason of Practice Direction (Citation of Authorities) [2001] 1 WLR 1001, that the Judge’s permission to cite the Judgment before any court was required.
On 20 October 2025, the Judge made an Order granting permission to cite his 15 August 2025 Judgment. Advocates are therefore now free to do so.
Alex Goodman KC and Dr Ashley Bowes appeared for the Claimant, instructed by Mole Valley District Council.
Richard Moules KC and Nick Grant appeared for the Secretary of State, instructed by the Government Legal Department (GLD). Rupert Warren KC acted at earlier stages of the proceedings.
Stephen Whale appeared for the Second Defendant.
