The applicant sought to develop an asylum centre. Rather than apply for planning permission, it had served a notice of proposed development for the Crown. The Council appealed dismissal of its objections to the use of the procedure.
Held: The appeal failed. The Crown was not subject to planning control. The section was to be used to protect persons other than the Crown from enforcement proceedings. The fact that the Crown could have applied for planning permission did not make the failure to do so an abuse of power, since safeguards remained, and the Crown could not be called upon to explain why it chose one procedure rather than another.
Judges:
Chadwick LJ, Dyson LJ, Munby J
Citations:
Times 04-Nov-2004, [2004] EWCA Civ 1420, [2005] 1 WLR 1128
Links:
Statutes:
Town and Country Planning Act 1990 29491)
Jurisdiction:
England and Wales
Citing:
Appeal from – Regina (Cherwell District Council) v First Secretary of State, Secretary of State for the Home Department QBD 6-Apr-2004
A particular statutory or contractual context may require the phrase ‘on behalf of’ to be read more widely as meaning ‘in the place of’, or ‘for the benefit of’ or ‘in the interests of’. . .
Cited by:
Cited – Plevin v Paragon Personal Finance Ltd SC 12-Nov-2014
PPI Sale – No Recovery from Remote Parties
The claimant sought repayment of payment protection insurance premiums paid by her under a policy with Norwich Union. The immediate broker arranging the loan was now insolvent, and she sought repayment from the second and other level intermediaties. . .
Cited – Plevin v Paragon Personal Finance Ltd SC 12-Nov-2014
PPI Sale – No Recovery from Remote Parties
The claimant sought repayment of payment protection insurance premiums paid by her under a policy with Norwich Union. The immediate broker arranging the loan was now insolvent, and she sought repayment from the second and other level intermediaties. . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 27 June 2022; Ref: scu.219426
