Simplex GE (Holdings) Ltd et al v SoS Environment and City and District of St Albans DC
Simplex GE (Holdings) Ltd et al v SoS Environment and City and District of St Albans DC
- 1988
- Journal of Planning and Environment Law 1988 JPL 809-821(13) .
CA 6 May 1988. In the first draft of the Hertfordshire County Structure Plan (1981) the appeal site was included within the metropolitan green belt . The applicants (S) objected and claimed it should be available for residential or light industrial purposes. This was discussed at a public inquiry and the Inspector recommended that the appeal site be excluded from the green belt, making it the subject of a special comprehensive survey as to its pattern of land use and access. In May 1983 a report stressed that the Inspector`s report was not binding and could be overturned with valid reasons. Also in 1983 the planning committee resolved to maintain the green belt boundaries strictly and that applications be dealt with on an individual basis. S submitted proposals in 1983 which were rejected and in 1984 submitted two more which were never considered. The SoS upheld the structure plan. S`s appeal to CA was upheld on the grounds that the SoS Environment had made a material mistake of fact
PLANNING APPEALS
TOWN AND COUNTRY PLANNING ACT 1971 S244
CA 6 May 1988. In the first draft of the Hertfordshire County Structure Plan (1981) the appeal site was included within the metropolitan green belt . The applicants (S) objected and claimed it should be available for residential or light industrial purposes. This was discussed at a public inquiry and the Inspector recommended that the appeal site be excluded from the green belt, making it the subject of a special comprehensive survey as to its pattern of land use and access. In May 1983 a report stressed that the Inspector`s report was not binding and could be overturned with valid reasons. Also in 1983 the planning committee resolved to maintain the green belt boundaries strictly and that applications be dealt with on an individual basis. S submitted proposals in 1983 which were rejected and in 1984 submitted two more which were never considered. The SoS upheld the structure plan. S`s appeal to CA was upheld on the grounds that the SoS Environment had made a material mistake of fact
PLANNING APPEALS
TOWN AND COUNTRY PLANNING ACT 1971 S244