Source: All England Reporter
Publisher Citation: [2008] All ER (D) 268 (Jun)
Court: Queen's Bench Division, Administrative Court
Judge:

Sir Michael Harrison
Representation William Upton (instructed by Richard Buxton Solicitors, Cambridge) for the claimant.
  David Elvin QC (instructed by David Yates, Worksop) for the authority.
  David Forsdick (instructed by Farrah & Co) for the developer.
Judgment Dates: 20 June 2008

Catchwords

Town and country planning - Permission for development - Material consideration - Master plan for development of wider site - Master plan not available due to time constraints on developer - Local authority granting permission with condition that master plan be prepared - Whether failure to require master plan before grant of permission failure to take into account relevant planning consideration - Whether failure to require master plan before grant of permission failure to take into account cumulative environmental effect of development of wider site - Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999, SI 1999/293, Sch 2.

The Case

For the local planning authority to require a master plan for the development of the wider site by way of a s106 agreement attached to the grant of planning permission for development on part of that site was a planning judgment that could not be said to be unreasonable. At that time, there were no proposals in place for the development of the wider site, nor had it been allocated for development, and there could be no obligation to consider the cumulative impact of unknown future development under the Town and Country Planning (Environmental Impact Assessment) (England and Wales) Regulations 1999.

Practice Areas

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