Centre 21 Ltd v SOS Environment and another
Centre 21 Ltd v SOS Environment and another
- 1986
- Estates Gazette 280 (6310) 15 November 1986, 889-898(6) .
CA 16 May 1986. Appeal by (C) against decision dismissing application to quash a decision of SOS under the Town and Country Planning Act 1971 s245 . A planning application to develop a 109-acre site near Leicester as a shopping centre was refused. One ground was that the project was 'contrary to the shopping policies of the ... Structure Plan'. C appealed. There was a public inquiry. The inspector`s report recommended the appeal be allowed. SOS disagreed and rejected the appeal by letter dated 10 October 1985, nearly three and a half years later. C now submitted that SOS`s decision letter be quashed: 1)on the basis of the Wednesbury principle , no SOS could have reached the decision to dismiss on the evidence before him and 2) the SOS had not notified adequate reasons in writing CA rejected these submissions. Appeal dismissed.
PLANNING PERMISSION
REFUSAL
WEDNESBURY PRINCIPLES
CA 16 May 1986. Appeal by (C) against decision dismissing application to quash a decision of SOS under the Town and Country Planning Act 1971 s245 . A planning application to develop a 109-acre site near Leicester as a shopping centre was refused. One ground was that the project was 'contrary to the shopping policies of the ... Structure Plan'. C appealed. There was a public inquiry. The inspector`s report recommended the appeal be allowed. SOS disagreed and rejected the appeal by letter dated 10 October 1985, nearly three and a half years later. C now submitted that SOS`s decision letter be quashed: 1)on the basis of the Wednesbury principle , no SOS could have reached the decision to dismiss on the evidence before him and 2) the SOS had not notified adequate reasons in writing CA rejected these submissions. Appeal dismissed.
PLANNING PERMISSION
REFUSAL
WEDNESBURY PRINCIPLES