000 02174cab a2200181 4500
001 ##L134017
008 060703n2005 000 0 eng u
035 _a(Sirsi) u134017
041 0 _aeng
245 0 0 _aKemnal Manor Memorial Gardens Ltd v First Secretary of State and London Borough of Bromley
260 _c2005
520 _a[2005] EWCA Civ 835, 16 June 2005. Considers whether the proposed development of a green belt site into a cemetery and crematorium was an inappropriate development. Appeal by K against a decision ([2004] EWHC 2638 (Admin)) dismissing its application for judicial review of a decision by a planning inspector appointed by S, dismissing K's appeal against B's refusal of planning permission. K wanted to develop the site into a cemetery and crematorium but the development would have resulted in part of the site no longer being available for use as a sports ground or playing fields. The planning application was a full application for the change of use of the site but an application for outline planning application only in other respects. The planning inspector had decided that the development was inappropriate development in a green belt and would be injurious to it, no justification for the loss of the playing fields had been demonstrated and that there were no very special circumstances outweighing the presumption against inappropriate development. "Held": appeal dismissed. The application for judicial review was dismissed. The planning inspector had not erred in deciding that K's proposed development of a green belt site into a cemetery and crematorium with the ancillary loss of a playing field amenity on part of the site, was an inappropriate development and that no very special circumstances existed which would outweigh the presumption of inappropriate development.
650 2 4 _aKEMNAL MANOR MEMORIAL GARDENS LTD V FIRST SOS AND BROMLEY LBC
651 4 _aEngland and Wales
_y1543-
690 _aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-DEVELOPMENT CONTROL
856 4 0 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2005/835.html
_zView the judgment free of charge at www.bailii.org....
942 _n0
999 _c77325
_d77325