Success! The High Court quashes PINS Inspectors Green Belt Decision
Following a refusal of planning permission in April 2020, Prism Ag submitted a Planning Appeal on behalf of the applicant/appellant which was subsequently dismissed by a Planning Inspector, it was identified by Prism Ag that the Planning Inspector had erred in law in her decison making, by applying significant weight to Wakefield Council's development plan which did not include a named village within the Councils published settlement hierarchy.
The Inspector did not make an assessment of the 'position on the ground', instead, dismissing the planning appeal in favour of the significant weight she applied to the Councils Development Plan. Prism Ag sought a Barristers Opinion under Public Access, on the prospects of success in the High Court. Counsel Richard Turney of Landmark Chambers acted on behalf of the appellant and the High Court quashed the Inspectors Decision via a Consent Order. The case was returned to the Planning Inspectorate (PINS) for redetermination.