The claimant renewed his application for leave to appeal against rejection of his challenge to the grant of planning permission for a substantial redevelopment of land near his home.
Held: Brooke LJ considered the interpretation of planning polcy documents saying: ‘If there is a dispute about the meaning of the words included in a policy document which a planning authority is bound to take into account, it is of course for the court to determine as a matter of law what the words are capable of meaning. If the decision maker attaches a meaning to the words they are not properly capable of bearing, then it will have made an error of law, and it will have failed properly to understand the policy.’
Judges:
Brooke, Butler-Sloss LJJ, Sir John Balcombe
Citations:
[1997] EWCA Civ 971, [1997] JPL 958, [1998] Env LR 277
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Regina v Canterbury Council ex parte Springimage Limited 1993
The court granted locus standi to an applicant to object to a grant of planning permission by way of an application for judicial review. The applicant had an option to purchase land nearby.
David Keene QC said: ‘It seems to me to be clear that . .
Cited by:
Cited – Arthur Sidney Petter; Monica Mary Williams v Secretary of State for Environment, Transport and Regions and Chichester District Council Admn 15-May-1998
The applicants challenged refusal to renew their three year temporary permission to occupy a mobile home on their land. . .
Cited – Petter and Harris v Secretary of State for Environment, Transport and Regions and Chichester District Council CA 15-Mar-1999
. .
Cited – Raissi, Regina (on the Application of) v Secretary of State for the Home Department Admn 22-Feb-2007
The claimant sought judicial review of a refusal to make an ex gratia payment for his imprisonment whilst successfully resisting extradition proceedings. Terrorist connections had been suggested, but the judge made an explicit finding that at no . .
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 . .
Cited – Cherkley Campaign Ltd, Regina (on The Application of) v Longshot Cherkley Court Ltd Admn 22-Aug-2013
The campaign company sought judicial review of a decision by the respondent granting permission to develop nearby land as a golf course.
Held: The application succeeded. The Secretary of State in preserving the effect of certain policies had . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 29 May 2022; Ref: scu.141367
