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 letter written following the judgement, and which announced his intentions and said that these were a material consideration for such decisions now being made, was also unlawful.
Held: A declaration was granted.
Judges:
Lindblom J
Citations:
[2010] EWHC 3278 (Admin)
Links:
Statutes:
Planning and Compulsory Purchase Act 2004 38(6)
Jurisdiction:
England and Wales
Citing:
Cited – Regina (Save) v Gateshead Metropolian Borough Council Admn 2010
. .
Cited – Regina v Secretary of State for Education and Science, ex parte Avon County Council CA 1991
The court was asked to order a stay on implementing a decision taken by the respondent.
Held: A ‘stay of proceedings’ in the context of applications for judicial review embraced not only judicial or quasi-judicial proceedings but also extended . .
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Regional Spatial Stategies, setting targets for new homes within regions, and governing planning consents were to be withdrawn by the respondent and replaced in due course by a new planning bill.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 – Regina v Secretary of State for Transport, ex parte Factortame (No 2) HL 11-Oct-1990
The validity of certain United Kingdom legislation was challenged on the basis that it contravened provisions of the EEC Treaty by depriving the applicants of their Community rights to fish in European waters, and an interlocutory injunction was . .
Cited – Regina v HM Inspector of Pollution and Ministry of Agriculture, Fisheries and Food, Ex Parte Greenpeace Ltd CA 30-Sep-1993
A campaigning organisation was challenging an official decision which, if stayed, would have adverse financial implications for a commercial company (British Nuclear Fuels PLC) which was not a party to the proceedings. Brooke J had refused a stay. . .
Cited – Regina (H) v Ashworth Hospital Authority and Others, Regina (Ashworth Hospital Authority) v Mental Health Review Tribunal for West Midlands and North West Region and Others CA 28-Jun-2002
The patient was detained under the Act. The Mental Health Tribunal decided he should be released. The hospital disagreed. The patient continued to reside to the Hospital voluntarily, but the hospital viewed the decision to release him as . .
Cited by:
See Also – 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 . .
Cited – Cherkley Campaign Ltd, Regina (on The Application of) v Longshot Cherkley Court Ltd Admn 22-Aug-2013
The campaign company sought judicial review of a decision by the respondent granting permission to develop nearby land as a golf course.
Held: The application succeeded. The Secretary of State in preserving the effect of certain policies had . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 09 December 2022; Ref: scu.427282