Source: All England Reporter
Publisher Citation: [2002] All ER (D) 09 (Mar)
Court: Administrative Court

Richards J

Representation Ian Dove (instructed by Hammond Suddards Edge) for the claimant.
  Mark Lowe QC and Robin Green (instructed by David Grenville) for the defendant.
Judgment Dates: 1 March 2002


Town and country planning - Structure plan - Policy contained in structure plan - Claimants objecting to policy contained in structure plan - Policy explained in explanatory memorandum - Claimants contending local planning authority failing to give appropriate explanatory memorandum - Whether decision of authority to adopt policy perverse - Whether explanatory memorandum appropriate - Town and Country Planning Act, s 32.

The Case

The requirement under s32(5) and (6) of the was for an explanatory memorandum to be published at the time of the proposals, rather than at a later date. A document published at the time of the adoption of the proposals was too late to fulfil the statutory requirements. The statute did not, however, prescribe the form or content of the explanatory memorandum.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.