Smith v Castlepoint Borough Council & anr
Tuesday 20th October 2020
Before Lord Justice Davis
Lord Justice Moylan
Lord Justice Dingemans
Appeal against the Order of Mr Ockelton (Vice President of the Upper Tribunal) (31 July 2019) that dismissed the claim for judicial review.
The Interested Party, Benfleet Scrap Ltd, operates a scrap metal yard in Benfleet. Planning permission was granted for that use in 2002. In 2018, the Interested Party applied for planning permission for a 5 metre high wall to be constructed along the south and east boundaries of the site it occupied, development had already begun without planning permission. The Appellant, who owns some land adjacent to the site, objected, he hoped to develop it for residential and other purposes. Planning permission was granted by Castlepoint Borough Council.