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.
Held: The appeal failed. The court did ‘ not accept the Appellant’s submission that the Government’s proposal to abolish the regional strategies is incapable, as a matter of law, of being a material consideration for the purposes of sections 70(2) of the 1990 Act and 38(6) of the 2004 Act. The prospect of a change in planning policy is capable of being a material consideration, and taking account of this particular prospective change would not be contrary to the Padfield principle because the policy and objects of the legislative scheme construed as a whole require those responsible for determining planning applications and appeals to look beyond the development plan, and to have regard to other material considerations.’
However: ‘ In view of the uncertainty created by the legal obstacles referred to above . . any decision-maker who does think it appropriate to give some weight to the Government’s proposal when determining an application or an appeal would be well-advised to give very clear and cogent reasons for reaching that conclusion, but that does not mean that there could be no case whatsoever in which any decision-maker might be able to give such reasons.’
Rix, Rimer, Sullivan LJJ
[2011] EWCA Civ 639
Bailii
Planning and Compulsory Purchase Act 2004 38(3), Local Democracy, Economic Development and Construction Act 2009 70(1)
England and Wales
Citing:
Cited – City of Edinburgh Council v Secretary of State for Scotland and Another; Same v Same (Conjoined Appeals) HL 31-Oct-1997
The Listed buildings registers are to be read consistently; the trading level is a material consideration in listed buildings consent applications. The weight to be given to a material consideration once identified was a matter of judgment for the . .
Appeal from – Cala Homes (South) Ltd v Secretary of State for Communities and Local Government and Another Admn 7-Feb-2011
The claimant sought judicial review of a statement and letter by the respondent making a material consideration for planning authorities the intended revocation by the Respondent of Regional Spatial Strategies. The effect would be to allow the . .
See Also – Cala Homes (South) Ltd v Secretary of State for Communities and Local Government and Another Admn 10-Nov-2010
Regional Spatial Stategies, setting targets for new homes within regions, and governing planning consents were to be withdrawn by the respondent and replaced in due course by a new planning bill. The claimant objected that this could only be . .
Cited – Padfield v Minister of Agriculture, Fisheries and Food HL 14-Feb-1968
Exercise of Ministerial Discretion
The Minister had power to direct an investigation in respect of any complaint as to the operation of any marketing scheme for agricultural produce. Milk producers complained about the price paid by the milk marketing board for their milk when . .
Cited – Regina v Braintree District Council, ex parte Malcolm William Halls CA 1-Mar-2000
When selling a house to its tenant under the right to buy legislation, the council had imposed a restrictive covenant preventing the new owner developing the land by further building. The purchaser later approached the council for its release so as . .
Cited – Laker Airways v Department of Trade CA 15-Dec-1976
Policy guidance issued by the respondent was unlawful because it was contrary to the statutory objectives laid down for the Civil Aviation Authority by section 3 of the 1971 Act. The court discussed the status of guidance issued by the respondent: . .
Cited – Regina v Braintree District Council ex parte Halls Admn 2-Jul-1999
Where a local authority had sold a property to a tenant, and the tenant later came back to request the release from one of the covenants given on the sale, the council was free to charge an appropriate sum for that release. It was not a covenant . .
Cited – Her Majesty’s Attorney General v Punch Limited and another HL 12-Dec-2002
A former MI5 agent, Mr Shayler, was to be prosecuted under the Official Secrets Act, and an injunction against publication was granted. The respondent published further works by Mr Shayler, and now appealed a finding that it had acted in contempt of . .
Cited – Steen v Her Majesty’s Attorney General; Attorney-General v Punch Ltd and Another CA 23-Mar-2001
The appellant appealed against a finding of contempt of court at common law as regards a report in Punch published when he had been its editor.
Held: The appeal succeeded. The A-G had failed to establish the mens rea of contempt in the . .
Cited – Tesco Stores Ltd v Secretary of State for the Environment and Others HL 11-May-1995
Three companies had applied for permission to build retail food superstores in Witney. The Inspector had recommended Tesco’s proposal, but the respondent rejected it. Tesco’s had offered to provide by way of a section 106 agreement full funding for . .
Cited – Office of Government Commerce v Information Commissioner Admn 11-Apr-2008
Statutory appeal by the Office of Government Commerce (the OGC) against two decisions of the Information Tribunal relating to gateway reviews carried out by the OGC of the Government’s identity card programme. . .
Cited by:
Cited – Broxbourne Borough Council v Robb and Others QBD 27-Jun-2011
The Council applied for the committal of the defendant for an alleged breach of a without notice injunction. Notice of the injunction had been placed at the site, requiring nobody to move caravans onto the land.
Held: The application . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 02 November 2021; Ref: scu.440217