Brewery fails in Yorkshire core strategy challenge

A brewery has failed in a High Court challenge against a North Yorkshire council's key planning document.

Samuel Smiths: High Court blocks core strategy challenge
Samuel Smiths: High Court blocks core strategy challenge

Samuel Smith Old Brewery had challenged Selby District Council’s adoption of its core strategy document.

The council and the brewery have had long-running disputes over their differing plans for the future of Selby.

The brewery’s challenge against the core strategy included that the council had failed to meet the Localism Act’s duty to cooperate.

But in a judgement delivered in London after he heard the case in Leeds in July, Mr Justice Duncan Ouseley, rejected the brewery's case.

He found that the duty to co-operate with neighbouring local councils on strategic planning matters, which came into force while the core strategy was being examined by a planning inspector, did not apply to subsequent work it carried out to modify the plan to meet concerns raised by the inspector.

In addition, he rejected claims that the council "failed to engage" with Samuel Smith, finding that both it and the inspector were both entitled to reach the "planning judgment" that the brewery's vision for Tadcaster was not a reasonable alternative to its own development plans.

Samuel Smith had also argued that it was wrong to earmark the two villages of Appleton Roebuck and Escrick for further development.

In respect of the first, he said that the inspector's decision to designate Appleton Roebuck as a "designated service village" was based in part on parish council support, but failed to take into account a public vote against the designation that it claimed showed the parish council had changed its mind.

However, the judge said that the claim that this public meeting had been a proper parish council meeting was "simply wrong" and that this challenge was "misconceived".

In respect of Escrick, he dismissed claims that it should not have been included until a green belt review had been carried out as a "chicken/egg or cart/horse debate".

Samuel Smith Old Brewery (Tadcaster) v Selby District Council. Case Number: CO/17241/2013


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