Cases - West Midlands Probation Committee v Secretary of State for the Environment, Transport and the Regions

Record details

Name
West Midlands Probation Committee v Secretary of State for the Environment, Transport and the Regions
Date
[1998]
Citation
JPL 388
Keywords
Planning control
Summary

Planning permission was refused, on appeal, for a two-storey extension to a bail and probation hostel. The inspector found that local residents' apprehensions about crime and anti-social behaviour had some justification given the evidence about robberies and other disturbing incidents committed by bailees. West Midlands Probation Committee challenged the decision, contending that apprehension and fear are not material planning considerations as they do not relate to the character or use of the land.

Lord Justice Pill, delivering the judgment of the Court said:

'Fear and concern felt by occupants of neighbouring land is as real in this case as in one involving polluting discharges and as relevant to their reasonable use of land. The pattern of behaviour was such as could properly be said to arise from the use of the land as a bail and probation hostel and did not arise merely because of the identity of the particular occupier or of particular residents.'

The weight to give the apprehension and fear was a matter of planning judgment.