Wealden District Council v Martin Grant Homes Ltd and Another: CA 31 Oct 2005

The council had published a proposed revised local plan but withdrew it in the light of the new Planning Act.
Held: The freedom of a council to withdraw a revised plan was acknowledged. The requirement was only that the action be rational in the light of planning legislation objectives. There was nothing in the transitional provisions of the new system to prevent the action.

Judges:

Mummery LJ, Mance LJ, patton J

Citations:

[2005] EWCA Civ 1221, Times 11-Nov-2005

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

Appeal fromMartin Grant Homes Ltd and Another, Regina (on the Application Of) v Wealden District Council Admn 4-Mar-2005
Where a council had already published proposals for its new local plan before the new planning Act was to come into effect, the council had a duty not to abandon the plan but had to apply the appropriate transitional provisions. . .
CitedPersimmon Homes (Thames Valley) Ltd, Taywood Houses Ltd, Bryants Homes Southern Ltd, Garden Villages Partnership Plc v North Hertfordshire District Council, Secretary of State for Environment, Transport and Regions Interested Party Admn 20-Jul-2001
The local authority placed a proposed local plan on deposit, but then, before it had adopted it they, purported to withdraw it. Objectors claimed they had no power to do so, and sought to review the decision. The statute contained express provisions . .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 04 July 2022; Ref: scu.231643