||All England Reporter
|| All ER (D) 303 (Nov)
||Court of Appeal, Civil Division
Pill, Judge and Hale LJJ
||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.
||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.
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.
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