South Lakeland DC v Secretary of State for the Environment [1992] 2 AC 141

Planning Update: Listed buildings and conservation areas

There is a strong presumption against the grant of permission in cases where listed buildings or conservation areas are affected by proposals. Kirsten Hewson examines planning policy and case law ‘For substantial harm to be regarded as “necessary”, developers must show that the proposed development carries with it an exceptional degree of justification, and must …

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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 …

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