[2009] EWHC 350 (Admin), 5 March 2009. Development plans may be overturned by the courts if they fail to include evidence of sustainability and nature conservation restraints. An applicant parish council (C) applied to the High Court quash a decision of the respondent local authority to include a brickworks waste disposal incinerator which was to be treated as a Greenfield site in C's area in the Waste Development Plan Documents. The Waste Plan had been submitted to the Secretary of State as per the Planning and Compulsory Purchase Act 2004 S20(1). Inspectors approved the plan applying guidance in planning policy statement 12 (PPS12). Held: application allowed. The guidance in PPS12 had been amended as it contained an error of law, but the inspectors wrongly applied the 'presumption of soundness' to the development plan documents as it existed at the time. Evidence of sustainability and nature conservation restraints should have been sought. Persimmon Homes (North East) Ltd v Blyth Valley BC applied. Accordingly, inclusion of the incinerator site in the plans had to be quashed and related planning permissions were also quashed.