Local authorities were presently bound to plan future housing developments in accordance with Regional Spatial Strategies which the new government intended to abolish. The respondent had previously been told by the court that primary legislation was required, and that therefore a direction to ignore the current criteria was unlawful. The claimant now said that a … Continue reading Cala Homes (South) Ltd v Secretary of State for Communities and Local Government: Admn 16 Dec 2010

Permission for the change of use of land to allow erection of a wind turbine had been quashed on the basis that the LA had taken account of an irrelevant matter, namely the proposed financial contributions from the development to the local community. Held: The appeal failed.Davis LJ gave a short concurring judgment to emphasise … Continue reading Wright, Regina (on The Application of) v Forest of Dean District Council Resilient Energy Serverndale Ltd: CA 14 Dec 2017

The court considered whether an inspector deciding an appeal against a refusal of planning permission failed to discharge the duty, under section 38(6) of the Planning and Compulsory Purchase Act 2004, to make the decision in accordance with the development plan unless material considerations indicated otherwise. Lord Dyson MR, Macur, Lindblom LJJ [2016] EWCA Civ … Continue reading Secretary of State for Communities and Local Government v BDW Trading Ltd (T/A David Wilson Homes (Central, Mercia and West Midlands)): CA 27 May 2016

The respondent had circularised local authorities to say that when assessing future local housing needs a proper material consideration was the proposed Localism Bill which would lead to the replacement of ‘Regional Spatial Strategies’ on which such decisions would presently rest. The claimant appealed against rejection of its argument that that the letter was unlawful. … Continue reading Cala Homes (South) Ltd, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another: CA 27 May 2011