The claimant sought the quashing of a planning permission for the demolition of property adjacent to Hampstead Heath pond.
Held: The planning authority’s decision that the replacement dwelling was not ‘materially larger’ than its predecessor, within the meaning of a policy, was vitiated by its failure to understand the policy correctly. In its context, the phrase ‘materially larger’ referred to the size of the new building compared with its predecessor, rather than requiring a broader comparison of their relative impact, as the planning authority had supposed.
Sullivan J
[2007] EWHC 977 (Admin)
Bailii
England and Wales
Cited by:
Cited – Tesco Stores Ltd v Dundee City Council SC 21-Mar-2012
The company challenged the grant of planning permission for a competitor to open a new supermarket within 800 metres of its own, saying that the Council had failed to apply its own planning policies, which required preference of suitable sites not . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 27 January 2022; Ref: scu.251574
