A claim to set aside parts of a local plan had been filed in the wrong court, and without the forms as now required under the Civil Procedure Rules. A new application would be out of time. An application allowing transfer and correction of the faults succeeded, since the true nature of the claim was … Continue reading Cala Homes (South) Limited v Chichester District Council: Admn 20 Aug 1999
The claimants owned land designated as green belt. They sought its exclusion from the green belt and designation for employment purposes. At the enquiry, the inspector agreed, and recommended accordingly. The council took the land from the green belt, but allocated it within the UDP as open space. They refused to re-open the enquiry. Held: … Continue reading Braithwaite and Another v Doncaster Metropolitan Borough Council: Admn 17 Mar 2000
After public examination of local structure plan, local authorities post-examination statement must answer all objections including those raised but not dealt with in argument in public at hearing. Citations: Times 14-May-1998, [1998] EWHC Admin 448 Links: Bailii Statutes: Town and Country Planning Act 1990 287 Planning Updated: 27 May 2022; Ref: scu.138569
A local plan could itself be challenged by an application under the Act, but that section could not properly be used to challenge a decision by the local authority not to hold an inquiry before adopting the plan. Where the process had concluded, and appeal was appropriate, but where it had not got to that … Continue reading First Corporate Shipping Ltd (T/A Bristol Port Co) v North Somerset District Council: CA 15 Jun 2001
The respondent council prepared a structure plan for an area enclosing its own and the claimant’s area. The plan said that housing needs could not be met within its won area, and proposed a strategic development area (SDA). A later study suggested that the borough’s requirements could be met within it’s own boundaries, and the … Continue reading South Northamptonshire Council v Northamptonshire County Council: Admn 20 Dec 2001
The applicant owned land in the green belt. The local authority set out a structure plan proposing 5,000 homes in the green belt. The applicant sought amendments to increase the number saying there was insufficient urban land. An examination-in-public panel proposed the original number and the local authority confirmed it. The applicant sought a review … Continue reading Kingsley v Secretary of State for the Environment Transport and the Regions and Another: QBD 23 Nov 2000
The applicant sought residential use of one plot of land. The authority designated it for employment use, and took land out of the Green belt for housing. After a Unitary Development Plan enquiry, the applicant appealed again, and the inspector made certain findings and recommendations. The Authority went ahead with the UDP. Held: The Authority … Continue reading St Paul’s Development Ltd v Gateshead Metropolitan Borough Council and another: QBD 31 May 2000
