Fitchett (Contractors) Ltd v SoS Environment and another
Fitchett (Contractors) Ltd v SoS Environment and another
- 1988
- Property and Compensation Reports (1988) 56 PCR 380-385(6) .
QBD 15 March 1988. The applicant (F) had been refused planning permission by the Council to build 57 houses and appealed to SoS. An inspector dismissed the appeal. Under Circular 15/84 he was required to consider whether there was a 5-year supply of building land. If there was, there would be no presumption in favour of granting consent.F claimed the inspector misinterpreted the circular which allowed principal locations to be distinguished from `other areas`. Whilst there was a 5year supply in the district overall in other areas suchas that which included F`s land there was only a 1.4-year supply. F applied to have the inspectors decision quashed. The application was allowed. The circular had been misconstrued in that it could apply to an area of a district.
HOUSE BUILDING
LAND AVAILABILITY
TOWN AND COUNTRY PLANNING ACT 1971 S245
QBD 15 March 1988. The applicant (F) had been refused planning permission by the Council to build 57 houses and appealed to SoS. An inspector dismissed the appeal. Under Circular 15/84 he was required to consider whether there was a 5-year supply of building land. If there was, there would be no presumption in favour of granting consent.F claimed the inspector misinterpreted the circular which allowed principal locations to be distinguished from `other areas`. Whilst there was a 5year supply in the district overall in other areas suchas that which included F`s land there was only a 1.4-year supply. F applied to have the inspectors decision quashed. The application was allowed. The circular had been misconstrued in that it could apply to an area of a district.
HOUSE BUILDING
LAND AVAILABILITY
TOWN AND COUNTRY PLANNING ACT 1971 S245