Waterside Drive Sportshub green belt policy

This was a challenge to planning permission granted for sports facilities on a former and unremediated landfill site next to the River Thames within Metropolitan Open Land (MOL – equivalent to Green Belt). These involved a large structure for changing rooms, spectators, meeting facilities etc. and pitches and a running track illuminated with floodlights. The claimant lived on the other side of the adjacent River Thames. It was based on the Council’s failure correctly to apply MOL/GB policy and to consider an earlier Planning Inspectorate decision that found that an indoor archery centre on adjacent land that would be inappropriate development for the MOL/GB. Residents were in practice concerned about loss of green space and effects of floodlights on a dark area.

In line with the National Planning Policy Framework, policy provided that inappropriate development is harmful to the MOL/GB and should not be approved except in very special circumstances. Policy also was that provision of appropriate facilities for outdoor sport is not inappropriate development providing it preserves the openness of the green belt. Although the planning officer found that the development would cause some harm to the openness of the green belt, he concluded that it was not inappropriate development because it would “preserve” the openness of the green belt. The Court agreed with the claimant and found that the council had misinterpreted green belt policy because the development could not “preserve” the openness of the green belt where it causes harm to its openness. Residents had already challenged the lack of environmental impact assessment by successfully seeking a Screening Direction from the Secretary of State given the nature of the underlying waste dump.