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’. The objector said that the Council should reconsider in the light of this ‘highly relevant’ change.
Held: The claim failed. The Secretary of State’s letter was in itself qualified ‘by the recognition (a) that it would be important for planning authorities to continue delivering local development frameworks and making decisions on applications, (b) that evidence that had informed the preparation of the regional strategies might be material, and (c) that it was open to an authority to retain the housing target which had been set out in the revoked regional strategy. This, coupled with the requirement that authorities should have a 5 year housing land supply which was emphasised in PPS3, were therefore also features of the same legislative intent. It was not just a matter of removing RSS.’ The Council’s actions overall did give consideration to the material factor suggested.
Langstaff J
[2011] EWHC 591 (Admin)
Bailii
Town and Country Planning Act 1990 70(2)
England and Wales
Citing:
Cited – EC Gransden and Co Ltd and Falkbridge Ltd v Secretary of State for the Environment QBD 1985
If a decision maker intends to depart from any relevant policy, he must give clear reasons for doing so, in order that the person affected should know why the decision was being made as an exception to the policy and the grounds upon which the . .
Cited – Tesco Stores Ltd v Secretary of State for the Environment and Others HL 11-May-1995
Three companies had applied for permission to build retail food superstores in Witney. The Inspector had recommended Tesco’s proposal, but the respondent rejected it. Tesco’s had offered to provide by way of a section 106 agreement full funding for . .
Cited – City of Edinburgh Council v Secretary of State for Scotland and Another; Same v Same (Conjoined Appeals) HL 31-Oct-1997
The Listed buildings registers are to be read consistently; the trading level is a material consideration in listed buildings consent applications. The weight to be given to a material consideration once identified was a matter of judgment for the . .
Cited – 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 – L, Regina (on The Application of) v Leeds City Council Admn 12-Nov-2010
The court considered a claim for judicial review based on an allegation that the local authority was failing in its duty towards a child suffering cystic fibrosis, in not providing a ttreatment room for her in her own home.
Held: The court . .
Cited – Regina (on the Application of Kides) v South Cambridgeshire District Council Ltd CA 9-Oct-2002
The applicant sought a judicial review of a grant of planning permission. She said that in the considerable time gap between the decision in principle, and the decision notice, several elements had changed requiring the decision to be reconsidered. . .
Cited – Simplex GE (Holdings) Limited v Secretary of State CA 1988
A decision should in general be quashed if by way of error a relevant consideration is not taken into account or an irrelevant consideration is taken into account unless the decision-maker was bound on the facts to have reached the same conclusion . .
Cited – Dry, Regina (on The Application of) v West Oxfordshire District Council and Taylor Wimpey CA 21-Oct-2010
The guidance contained in Kides must be applied with common sense and with regard to the facts of the particular case. . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 09 November 2021; Ref: scu.430651