The London Borough of Barnet v Secretary of State for the Home Department, McCarthy and Stone (Developments) Ltd: Admn 23 Aug 2001

The applicant sought to quash a decision letter. It had wanted to create a development, but the local authority considered it had not met the requirement to include affordable housing. It was agreed that a need existed for affordable housing, and the Inspector considered the development large enough to be required to make provision. The appellant argued that the high development costs associated with the site would make such provision uneconomic. The inspector failed to account for how he had allowed for these factors. He should also have considered requiring a contribution from the Local Authority to the costs.

Judges:

The Honourable Mr Justice Stanley Burton

Citations:

[2001] EWHC Admin 642

Links:

Bailii

Statutes:

Town and Country Planning Act 1990 288, PPG3: Housing (2000)

Jurisdiction:

England and Wales

Cited by:

Appeal fromRegina v Richmond Upon Thames London Borough Council, ex parte McCarthy and Stone (Developments) Ltd HL 14-Nov-1991
A Local Authority was not able to impose charge for inquiries as to speculative developments and similar proposals, or for consultations, and pre-planning advice. There was no statutory authority for such a charge, and it was therefore unlawful and . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 30 July 2022; Ref: scu.166141