Siraj, R (on the application of) v Kirkless Council & Ors

Facts

The claimant, Mr Naeem Siraj, a barrister and local resident who had objected to the planning application, sought judicial review of Kirklees Council's decision to grant planning permission for the erection of an agricultural machinery workshop in the Green Belt. The first interested party, Mr Timothy Bennett, had applied for permission to erect an agricultural style building, some 24.3m by 15m, to house his established tractor repair business, Sovereign Agricultural, on open land within the Green Belt owned by the third interested party. His planning consultants accepted that the development was inappropriate development, but advanced as very special circumstances the specialist nature of the business, the difficulty of finding alternative premises, and the reliance placed on the firm by local farmers. A planning sub-committee resolved in April 2007 to delegate the grant of permission to officers, but in the light of objections, including a solicitors' letter of objection on behalf of eight local residents, the application was brought back before the Planning Sub-Committee (Heavy Woollen Area) on 13 September 2007, where Mr Siraj addressed members and Councillor Sheard made a remark disparaging "solicitors sat in posh houses". The sub-committee resolved unanimously to delegate the grant, and permission was granted on 7 April 2009. Permission to apply for judicial review was granted by His Honour Judge Grenfell on 9 October 2009.