High Court clarifies approach to grey belt

The High Court (Lieven J) has today handed down judgment in Wrotham PC v SSHCLG, which concerned Wrotham PC's challenge to a motorway service station near a National Landscape.

In granting permission, the Inspector had decided the Site was grey belt having concluded that the fn7 national landscape policies did not provide a strong reason for refusing the development proposed.

The Claimants argued that they should have looked at whether the National Landscape was a strong reason to restrict development generally, without reference to the particular development in issue.

The High Court rejected the claim. Lieven J agreed with the approach put forward by the SoS, that in the DM context, when looking at whether "the application of the policies relating to the areas or assets in footnote 7 (other than Green Belt) would provide a strong reason for refusing or restricting development", one looks at the particular development being considered and NOT development generally (see §§61-70).

Richard Moules KC and Nick Grant appeared for the Secretary of State, instructed by GLD. Rupert Warren KC acted in earlier stages of proceedings.