Kingsley v Secretary of State for the Environment Transport and the Regions and Another: QBD 23 Nov 2000

The applicant owned land in the green belt. The local authority set out a structure plan proposing 5,000 homes in the green belt. The applicant sought amendments to increase the number saying there was insufficient urban land. An examination-in-public panel proposed the original number and the local authority confirmed it. The applicant sought a review on the basis that the council did not deal with the fundamentals of the report, and the explanatory memorandum had strayed into making policy. The authority had got to the fundamentals right, but had, indeed, become too detailed in its memorandum and therefore been making policy. Such policy elements were struck out, but the remainder stood.

Citations:

Gazette 23-Nov-2000

Statutes:

Town and Country Planning Act 1990 287 32, Town and Country Planning (Development Plan) Regulations 1991

Planning

Updated: 09 April 2022; Ref: scu.82793