When considering a planning application, it was only in exceptional circumstances that the authority should consider alternative sites. Those circumstances would be where the proposed development would involve such a conspicuous adverse impact, that an alternative had to be considered. In this case the alternative would itself have objections and problems, and it had not been necessary to consider it. ‘If I may say so, with respect, it seems to me that all these materials broadly point to a general proposition, which is that the consideration of alternative sites would only be relevant to a planning application in exceptional circumstances. Generally speaking . . . such circumstances will particularly arise where the proposed development, though desirable in itself, involves on the site proposed such conspicuous adverse effects that the possibility of an alternative site lacking such drawbacks necessarily itself becomes, in the mind of a reasonable local authority, a relevant planning consideration upon the application in question.’
Judges:
Laws LJ
Citations:
Times 30-Mar-2001, [2001] EWCA Civ 315, [2001] PLCR 31
Jurisdiction:
England and Wales
Cited by:
Followed – Mount Cook Land Ltd and Another v Westminster City Council CA 14-Oct-2003
The applicants had sought judicial review of the defendant’s grant of planning permission for the redevelopment of the former CandA building in Oxford Street. Though the application for leave to apply had been successful, and a full hearing took . .
Cited – Phillips v First Secretary of State and others Admn 22-Oct-2003
The claimant had objected to the grant of permission to erect a mobile phone mast near her property. The issue was that she had not been given opportunity to comment upon the consideration of alternative sites.
Held: The consideration of . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 08 May 2022; Ref: scu.85982
