CA-2024-002732 - [2025] EWCA Civ 958

The facts are fully set out in the judgment of the judge. The material facts for the purpose of this appeal can be summarised as follows. Cala applied for outline planning permission for the “demolition of existing structures and construction of up to 391 dwellings (Use Class C3); the provision of land for a new school, open space provision and associated landscaping, internal roads, parking, footpaths, cycleways, drainage, utilities and service infrastructure and new access arrangements” (“the Appeal A scheme”). The Council refused that application on 6 December 2022. The principal reason for refusal was that the development comprised inappropriate development in the green belt for which permission could only be granted in very special circumstances. The Council did not consider that there were very special circumstances: the benefits did not outweigh the harm to green belt openness and the purposes of the green belt relating to encroachment to the countryside, urban sprawl and merging of towns.

Headlands applied for outline planning permission for “demolition of existing buildings and the construction of up to 330 discounted affordable homes for key workers, including military personnel, the creation of open space and the construction of new accesses and highway works including new foot and cycle path and works to junctions” “(the Appeal B scheme”). The Council refused that application on 25 October 2022. The principal reason for refusal was that the development comprised inappropriate development in the green belt which could only be granted in very special circumstances. The Council did not consider that the benefits outweighed the harm to the green belt and did not consider that they amounted to very special circumstances justifying the grant of planning permission.

Both Cala and Headlands appealed to the Secretary of State against the refusal of planning permission. The Secretary of State appointed an inspector, Michael Boniface MSC MRTPI, to hold one inquiry into both appeals. That inquiry began on 17 April 2023 and concluded on 9 May 2023. The Council appeared at the inquiry to oppose the appeals. The appellant was also permitted to participate and opposed the grant of planning permission for the two developments. On 1 June 2023, the Secretary of State made a direction under section 79 and paragraph 3 of Schedule 6 to the 1990 Act that he would make the determination on the appeals.