Source: All England Reporter
Publisher Citation: [2002] All ER (D) 303 (Nov)
Court: Court of Appeal, Civil Division

Pill, Judge and Hale LJJ

Representation David Holgate QC and Colin Crawford (instructed by Patricia Jervis, Warrington) for the authority.
  Ian Dove and Bridget Forster (instructed by Daniels Haddon, Manchester) for the developers.
Judgment Dates: 21 November 2002


Town and country planning - Planning permission - Development plan - Draft development plan - Site listed as safeguarded against development in draft development plan - Inspector allowing development on basis of provision of affordable housing - Correctness of inspector's decision.

The Case

A draft unitary development plan was a material planning consideration, but was no more than that. Furthermore, a decision on the suitability of a site for development depended on the character of the land and the proposed development. Suitability could not be assessed in isolation, and depended on assessing a proposal in the context of all the material considerations.

Practice Areas

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