R V Canterbury CC, Robert Brett & Sons Ltd, ex parte Springimage Ltd
R V Canterbury CC, Robert Brett & Sons Ltd, ex parte Springimage Ltd
- 1994
- Journal of Planning and Environment Law (1994) JPL 427-440(15) .
Application for judicial review - reval developer - retail development - section 106 agreement - section 54A - locus standi - application of section 54A - planning committee misdirected by Planning Officer`s Report - section 54A required local planning authorities to determine applications in accordance with development plan unless material considerations indicated otherwise and not merely to have regard to them - the deficiency in the officer`s report conflated the two requirements and misstated the position - the resolution was ultra vires in so far as it resulted from a misapplication of the statutory provision - a section 106 agreement under section 106(1)(a) could improve a Grampian type restriction on the timing of the development - discretion to quash not exercised there was no real possibility of the committee`s decision being any different. (Headnote from Journal).
Application for judicial review - reval developer - retail development - section 106 agreement - section 54A - locus standi - application of section 54A - planning committee misdirected by Planning Officer`s Report - section 54A required local planning authorities to determine applications in accordance with development plan unless material considerations indicated otherwise and not merely to have regard to them - the deficiency in the officer`s report conflated the two requirements and misstated the position - the resolution was ultra vires in so far as it resulted from a misapplication of the statutory provision - a section 106 agreement under section 106(1)(a) could improve a Grampian type restriction on the timing of the development - discretion to quash not exercised there was no real possibility of the committee`s decision being any different. (Headnote from Journal).