||All England Reporter
|| All ER (D) 114 (Oct)
|| EWCA Civ 1370
||Court of Appeal, Civil Division
Aldous, Laws and Jonathan Parker LJJ
||Wyn Williams QC and Martin Edwards (instructed by Richard Buxton) for the claimant.
||Alice Robinson (instructed by Chris Taylor) for the authority.
||Richard Drabble QC (instructed by Marrons) for the interested parties.
||9 October 2002
Town and country planning - Permission for development - Material consideration - Duty of planning authority to have regard to all material considerations when dealing with application for planning permission - Authority deciding in principle to grant planning permission - Material change of circumstances occurring between decision and actual grant of permission - Whether application for planning permission having to be specifically referred back to planning committee - s 70(2).
A local planning authority's duty to 'have regard to' all material considerations in dealing with an application for planning permission was not to be elevated into a formal requirement that, in every case where a new material consideration arose after the passing of a resolution in principle to grant planning permission but before the issue of the decision notice, there had to be a specific referral of the application back to the relevant committee.
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