Swayfields Ltd v Secretary of State for Environment Transport and the Regions and Another: QBD 4 Sep 2001

The applicant submitted three plans for motorway service areas. Each was in the green belt. The inspector rejected two, but referred the first for further consideration. The decision was confirmed by the respondent. The appellant contended that that it was unreasonable to make a final decision rejecting the alternative when the referral had not been completed. The court held that the three applications were not interlinked. The plans rejected had been properly considered, and the inspector’s decision was thorough and complete. The secretary of state’s decision letter did not need to repeat the observations of the inspectors report.

Judges:

Rich QC J

Citations:

Gazette 20-Sep-2001

Statutes:

Town and Country Planning Act 1990 288

Jurisdiction:

England and Wales

Citing:

CitedRegina v Secretary of State for the Environment ex parte Kent and Others 1991
Pill J disussed the rationale behind the efficacy of the provision in the Town and Country Planning Act: ‘There is an obvious public interest in certainty and finality when planning permissions which attach to the land concerned are granted.’
. .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 16 May 2022; Ref: scu.166158