R (on the application of Cherwell District Council) v First Secretary of State and another
R (on the application of Cherwell District Council) v First Secretary of State and another
- 2004
- Estates Gazette [2004] 16 EG 111(1) (CS)) .
[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.
CROWN IMMUNITY
DESIGN BUILD AND OPERATE
ASYLUM SEEKERS
R V FIRST SOS AND ANOTHER EX P CHERWELL DC
PLANNING PERMISSION
TOWN AND COUNTRY PLANNING ACT 1990 PART XIII
FREEHOLD INTEREST
LORD ADVOCATE V DUMBARTON DC
CROWN LANDS
DOE CIRCULAR 18/1994
RURAL DEVELOPMENT
NATIONAL PLANNING POLICY
SEQUENTIAL TEST
ERROR IN LAW
[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.
CROWN IMMUNITY
DESIGN BUILD AND OPERATE
ASYLUM SEEKERS
R V FIRST SOS AND ANOTHER EX P CHERWELL DC
PLANNING PERMISSION
TOWN AND COUNTRY PLANNING ACT 1990 PART XIII
FREEHOLD INTEREST
LORD ADVOCATE V DUMBARTON DC
CROWN LANDS
DOE CIRCULAR 18/1994
RURAL DEVELOPMENT
NATIONAL PLANNING POLICY
SEQUENTIAL TEST
ERROR IN LAW