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R (on the application of Cherwell District Council) v First Secretary of State and another

Series: Estates Gazette ; [2004] 16 EG 111(1) (CS))Publication details: 2004Subject(s): Online resources: Summary: [2004] EWHC 724 (Admin), 6 April 2004. Claimant local authority (C) sought to quash the decision of the defendant F approving a development by the Home Office for an accommodation centre for asylum seekers in a rural location in Oxfordshire. The Home Office was to retain ownership of the site with a lease granted to a private contractor on a design, build and operate basis. An agreement enabling the Crown to lease the land to the contractor with the benefit of planning permission was entered into under the Town and Country Planning Act 1990 s299A. The background to the decision is explained in paras 1-9 of the judgment. Claimant C challenged S's decision on seven separate points arguing that S had erred in law in allowing the development to go ahead. Full details of the arguments for challenging the decision and the Court's reasons for upholding it are explained in full in paras 10-42. Decision upheld on the basis that C had failed to establish that F had erred in law. C is planning to appeal to the CA against decision. View judgment at www.courtservice.gov.uk.
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Item type Current library Call number Copy number Status Barcode
Law report London Journal article ABS67754 (Browse shelf(Opens below)) 1 Available 125931-1001

[2004] EWHC 724 (Admin), 6 April 2004. Claimant local authority (C) sought to quash the decision of the defendant F approving a development by the Home Office for an accommodation centre for asylum seekers in a rural location in Oxfordshire. The Home Office was to retain ownership of the site with a lease granted to a private contractor on a design, build and operate basis. An agreement enabling the Crown to lease the land to the contractor with the benefit of planning permission was entered into under the Town and Country Planning Act 1990 s299A. The background to the decision is explained in paras 1-9 of the judgment. Claimant C challenged S's decision on seven separate points arguing that S had erred in law in allowing the development to go ahead. Full details of the arguments for challenging the decision and the Court's reasons for upholding it are explained in full in paras 10-42. Decision upheld on the basis that C had failed to establish that F had erred in law. C is planning to appeal to the CA against decision. View judgment at www.courtservice.gov.uk.