The Open Spaces Society (“OSS”) challenged the order on the basis that the Secretary of State for Transport erred by (i) declining to convene an inquiry without “special circumstances” being demonstrated, (ii) failing properly to consider the necessary extent of stopping up and (iii) excluding from the assessment relevant considerations. 

The claim was conceded on the basis that the Secretary of State “failed adequately to consider and explain why he regarded the full extent of the stopping up to be necessary pursuant to [s.247]”.  

The order quashing the decision also requires that the Secretary of State shall reconsider whether or not to hold a public inquiry pursuant to s.252 of the 1990 Act.

Ned Westaway, instructed by Matthew McFeeley of Richard Buxton Solicitors, acted for the OSS.