Source: All England Reporter
Publisher Citation: [2002] All ER (D) 468 (Mar)
Neutral Citation: [2002] EWHC 699 (Admin)
Court: Administrative Court

Sullivan J

Representation William Otton (instructed by Earthrights, Essex) for the claimant.
  Thomas Hill (instructed by Stuart Ashurst ) for the defendant.
Judgment Dates: 27 March 2002


Town and country planning - Planning authority - Exercise of discretion - Local plan - Authority proposing local plan - Claimants objecting to policy on incineration contained in proposed local plan - Authority adopting local plan - Claimants seeking to quash policy contained in plan - Claimants arguing authority acting under mistaken belief that it was not entitled to prohibit incineration - Whether policy to be quashed - Town and County Planning Act 1990, s 287.

The Case

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