SoS decision on County Hall upheld
Language: English Series: Independent ; 11/5/90 p16Publication details: 1990Subject(s): Summary: In London Residuary Body v Lambeth LBC , HL 10 May 1990, it was held that when dealing with an application for planning permission for development involving change of use it was not correct to apply the competing needs test, as the test would result in a presumption in favour of permitting a proposed development be overridden and planning permission be refused, if there was some slight need for retaining the existing use and no demonstrable need for the proposed use. Instead all material considerations including those needs and the presumption should be taken into account. The weight to be given to any material consideration and to whether any planning objections were of sufficient importance to overcome the presumption were matters of judgement for the SoS.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| News article | London News article | WB2619-53 (Browse shelf(Opens below)) | 1 | Available | 57728-1001 |
In London Residuary Body v Lambeth LBC , HL 10 May 1990, it was held that when dealing with an application for planning permission for development involving change of use it was not correct to apply the competing needs test, as the test would result in a presumption in favour of permitting a proposed development be overridden and planning permission be refused, if there was some slight need for retaining the existing use and no demonstrable need for the proposed use. Instead all material considerations including those needs and the presumption should be taken into account. The weight to be given to any material consideration and to whether any planning objections were of sufficient importance to overcome the presumption were matters of judgement for the SoS.