The respondent council prepared a structure plan for an area enclosing its own and the claimant’s area. The plan said that housing needs could not be met within its won area, and proposed a strategic development area (SDA). A later study suggested that the borough’s requirements could be met within it’s own boundaries, and the claimant challenged the proposed SDA.
Held: The defendant’s answer was inadequate in that it failed properly to address the fundamental concerns of the claimant. Provisions for phasing did not address the basic question of whether an SDA was required at all. The reasons given were insufficient also to allow the claimant to know whether their concerns had been accepted or rejected. Nevertheless, the order made was to delay the structure plan to allow the respondent to address the complaint properly.
Citations:
Gazette 10-Jan-2002
Statutes:
Town and Country Planning Act 1990 2878, Town and Country Planning (Development Plan) (England) Regulations 1999 16(1) 17(6)
Planning
Updated: 27 April 2022; Ref: scu.167422
