The court considered the status of planning policies: ‘For one thing, in the planning field of policies and development plans of this kind are commonly drafted by planners for planners and often are very loosely drafted. They are not, putting it broadly, intended to be legally binding documents in the strict sense. For another, the relevant phrases used will often be hardly sensible bearing a strict hard edged interpretive approach and resort will be needed to elements of value judgment . . . . ‘ There may be instances where even if the words of a policy support an interpretation, consideration of the purpose and underlying objective of the policy in question may show that such linguistic interpretation simply will not accurately represent the true policy.
Judges:
Davis J
Citations:
[2004] EWHC 2949 (Admin
Jurisdiction:
England and Wales
Cited by:
Cited – JD Wetherspoon Plc, Regina (on the Application Of) v Guildford Borough Council Admn 11-Apr-2006
The company sought judicial review of the decision of the respondent to apply its cumulative impact policy to their application for extended licensing hours.
Held: The company’s application amounted to a material variation of the license, and . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 10 May 2022; Ref: scu.240395