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Planning Case Study: The primacy of the development plan
A recent case concerning wind farms has highlighted the importance of decision makers giving sufficient weight to the development plan, as Jennifer Holgate finds out Mackie J found that the inspector did not accord the development plan the priority required by law. The inspector did not mention the priority ‘due to the plan’ or express …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- City of Edinburgh Council v Secretary of State for Scotland [1997] 1 WLR 1447
- Clarke Homes Ltd v Secretary of State for the Environment [1993] 66 P&CR 263
- East Northamptonshire District Council & ors v Secretary of State for Communities and Local Government & anor [2013] EWHC 473 (Admin)
- R (Cala Homes (South) Ltd) v Secretary of State for Communities and Local Government (No 2) [2011] EWHC 97 (Admin)
- Sea & Land Power & Energy Ltd v SSCLG et al [2012] EWHC 1419 (Admin)
- Seddon Properties v Secretary of State for the Environment (1978) JPL 835
- South Lakeland DC v Secretary of State for the Environment [1992] 2 AC 141
- South Northamptonshire Council and Secretary of State for Communities and Local Government [2013] EWHC 11 (Admin)
- Tesco Stores Ltd v Secretary of State for the Environment [1995] UKHL 22