Cases - R v Elmbridge Borough Council, ex parte Wendy Fair Markets Ltd

Record details

Name

R v Elmbridge Borough Council, ex parte Wendy Fair Markets Ltd

Date

[1994]

Citation

EGCS 159

Keywords

Planning control

Summary

An inspector had concluded that an area of land was a strategically valuable component of the open corridor along the River Wey and was a weighty justification for green belt designation. Enforcement and stop notices were served in respect of a weekly Sunday market on this land. It was contended that the authority had failed to carry out a proper cost/benefit assessment.

The court held that as there was no activity that was having any serious effect on the amenity of the local residents or environment, the authority were entitled to decide that a cost/benefit assessment was not appropriate. The local authority were familiar with the site and, as a matter of common sense, had realised that the stop notice would effectively prevent the operators and traders from continuing with the Sunday market. Against that the council had to weigh the seriousness of the green belt objection. They had done so and were not required to go into a more detailed economic analysis. It was for the local authority to decide on the expediency of a stop notice and the court should not submit its own view.