Hague & Anor, R (on the application of) v Warwick District Council, Court of Appeal - Administrative Court, December 15, 2008, [2008] EWHC 3252 (Admin)

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Hague & Anor, R (on the application of) v Warwick District Council, Court of Appeal - Administrative Court, December 15, 2008, [2008] EWHC 3252 (Admin)

SMITH BERNAL WORDWAVE

Neutral Citation Number: [2008] EWHC 3252 (Admin)

CO/9527/2007

IN THE HIGH COURT OF JUSTICE

QUEEN'S BENCH DIVISION

THE ADMINISTRATIVE COURT

Royal Courts of Justice

Strand

London WC2A 2LL

Monday, 15th December 2008

B e f o r e:

MR JUSTICE COLLINS

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Between:

THE QUEEN ON THE APPLICATION OF

MICHAEL NORMAN HAGUE

BARBARA ANNE HAGUE

Claimants

v

WARWICK DISTRICT COUNCIL

Defendant

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Computer-Aided Transcript of the Stenograph Notes of

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Robin Purchas QC (instructed by Brindley Twist Tafft & James) appeared on behalf of the Claimant

Ian Dove QC (instructed by Sharpe Pritchard) appeared on behalf of the Defendant

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J U D G M E N T1. MR JUSTICE COLLINS: This is a claim pursuant to Section 287 of the Town and Country Planning Act 1990, which is preserved, for the purposes of these proceedings, by the 2004 Act -- I need not go into the details of the statutory provisions -- seeking to challenge the decision of an inspector to include a triangle of land, which the claimants own, within the green belt around Kenilworth in Warwickshire.

2. The original green belt designation was established in 1982, following the proper procedure and an inquiry by an inspector. That was a green belt in the West Midlands, which went very much beyond the area around Kenilworth. Every part of the then proposed green belt was capable of being challenged. If there was a challenge, it should have been dealt with by the then inspector. In any event, the decision was that the boundary to this particular part of the green belt around Kenilworth should not include the area of land in question.

3. It constitutes a triangle, the apex of which extends between two railway lines, one now disused and one possibly still in use, towards the town of Kenilworth, which lies to its south, it being to the north of the town. The base of the triangle, is form...

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