Regional Spatial Stategies, setting targets for new homes within regions, and governing planning consents were to be withdrawn by the respondent and replaced in due course by a new planning bill.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 achieved by primary legislation, and that pending such it was wrong to allow the respondent to withdraw the RSS documents.
Held: The challenge was well founded and that the action of the Secretary of State had been unlawful, for two reasons: first, because the Secretary of State’s attempt to use his power under section 79(6) of the 2009 Act to revoke all Regional Strategies in force at that date involved the use of that power for an improper purpose, essentially because the power given by that provision had not been intended by Parliament to be used to effect the abrogation of the Regional Strategy tier of planning policy by executive action; and, secondly, because the Secretary of State’s decision to revoke the Regional Strategy for the South-East had been taken without the necessary consideration of whether this change in the development plan was likely to have significant environmental effects, and was thus in breach of the Strategic Environmental Assessment Directive and Regulations.
Judges:
Sales J
Citations:
[2010] EWHC 2866 (Admin)
Links:
Statutes:
Town and Country Planning Act 1990 79(6)
Jurisdiction:
England and Wales
Cited by:
See Also – Cala Homes (South) Ltd v Secretary of State for Communities and Local Government Admn 16-Dec-2010
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 . .
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 – Hinds, Regina (on The Application of) v Blackpool Council Admn 17-Mar-2011
The council had resolved to grant planning permission for a development, but before the permission was actually granted the Secretary of State had written to planning authorities saying that he intended to abolish the ‘Regional Spatial Strategies’. . .
See Also – Cala Homes (South) Ltd, Regina (on The Application of) v Secretary of State for Communities and Local Government and Another CA 27-May-2011
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 . .
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: 09 December 2022; Ref: scu.425898