The council had refused planning permission for a petrol station and restaurant nearby an area of outstanding natural beauty, designated as a strategic gap in the county structure plan. The inspector had allowed the appeal, finding that the development would not detract from the purposes of policy ENV 6, which required the maintenance of such gaps. The Council said he had not given reasons for this finding.
Held: The Council’s appeal succeeded. An inspector should have regard to the development plan and other material considerations, giving reasons which demonstrated his understanding of the plan. The policy required compelling reasons for any development within the strategic gap. The inspector had ignored that requirement.
Judges:
Nolan LJ
Citations:
(1991) 63 P and CR 219, [1992] 1 PLR 81
Jurisdiction:
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: 18 May 2022; Ref: scu.452984
