DC Casebook: Special case unproven for larger houses

A developer has failed to overturn a refusal of permission to redevelop two houses in the Surrey green belt after the High Court ruled that an inspector was entitled to conclude that smaller units would produce highway benefits.

The owner claimed that in return for building two larger dwellings, improvements would be made to the site's access onto the A31. He pointed out that many service providers refused to visit the two existing properties because the access was so dangerous. The two larger houses should be permitted in order to generate sufficient money to secure the improvements, he asserted.

Mr Justice Sales held that the claimant had not tackled the inspector's conclusion that two smaller houses would have less impact on the green belt and would still enable the highway improvements to be secured, albeit reduced in scale. The inspector had been entitled to reach this view on the basis of the evidence, the judge ruled.

Hayden-Cook v Secretary of State for Communities and Local Government

Date: 7 October 2010

Ref: CO/13145/2009

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