Casebook: Court cases - Cemetery refusal upheld due to lack of support

A company seeking to redevelop a south-east London sports fields as a cemetery and crematorium has failed in its bid to overturn an inspector's decision to refuse permission for the development.

The company claimed that the inspector had been wrong to conclude that the proposal constituted inappropriate development in the green belt and that it would harm the supply of local sport and recreational facilities.

However, Mr Justice Keith rejected these arguments. He noted that the company had failed to secure local support and felt that its consultation process with local residents about their use of the sports ground had not helped its case.

Kemnal Manor Memorial Gardens Ltd v First Secretary of State; Date: 19 November 2004; Ref: CO/2384/2004.

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