Ashwell Property Group Plc and Ashwell (Barton Road) Ltd v Cambridge City Council (Court of Appeal (Civil Division), Sir Mark Potter (President, Fam), Jacob L.J., Sir Robin Auld, October 22, 2008) [2008] EWCA Civ 1151

摘要

Green belt-review of green belt as part of Structure Plan review-whether council obliged to review green belt again as part of its Local Plan review-whether Local Plan Inspector applied correct test and took into account only material planning factors in determining and recommending against the release of a site from the green belt-whether Local Plan Inspector erred in law and correctly interpreted and applied the Secretary of State's planning policy framework in concluding that no further green belt review was required at the Local Plan stage.rnAshwell Property Group Pic and Ashwell (Barton Road) Ltd (Ashwell) sought to quash part of the Local Plan of Cambridge City Council (the council). The council adopted the recommendations of the Local Plan Inspector and decided to retain as part of the city's green belt a greenfield site known as Barton Road North (the site) in which Ashwell had an interest.