The claimant sought to challenge the UDP of the defendant saying that it failed to recognise the desirability of the continuation of a market which it operated. It had been an open market continued under temporary permissions for several years, and the claimant wanted to provide a building for that purpose. London Underground wanted the land to expand a station.
Held: The plan failed to follow the evidence: ‘It is difficult to see that it was proper for him, at least without some very convincing reasons, to fail to include the market use as a preferred use. Indeed, on the claimant’s site it seems clear that it should be the preferred use if any use other than for the station is possible. And the TWO inspector and the First Secretary of State make clear that the possibility of returning to that use, at least after any necessary temporary break, is regarded as important.’ The entry should be cancelled.
Collins J
[2007] EWHC 495 (Admin)
Bailii
England and Wales
Updated: 09 June 2021; Ref: scu.250310