Camden LBC v SOS for the Environment
Camden LBC v SOS for the Environment
- 1989
- Journal of Planning and Environment Law (1989) JPL 613-619(6) .
QBD 3 March 1989 Appeal by the council (C) against an SOS decision to allow the erection of 20 B1 units. In May 1987 C had adopted a local plan with policies intending to retain light industrial employment . One month later, the Use Classes Order 1987 came into operation, which introduces the B1 class for offices, research and development and light industry. To give effect to their local plan policies, C had imposed a condition restricting use of premises to light industry and for no other purpose within B1. Referring to DOE Circular 13/87 and Planning Policy Guidance No 4 , the inspector and SOS quashed the restrictive condition as contrary to government policy. On appeal, the QBD quashed the SOS`s decision, stating that the broad brush approach to government policy could not be applied in every case, which needed to be decided on its own merits. The issue of employment was relevant and could not be dismissed by a mere reference to policy.
PLANNING APPEALS
QBD 3 March 1989 Appeal by the council (C) against an SOS decision to allow the erection of 20 B1 units. In May 1987 C had adopted a local plan with policies intending to retain light industrial employment . One month later, the Use Classes Order 1987 came into operation, which introduces the B1 class for offices, research and development and light industry. To give effect to their local plan policies, C had imposed a condition restricting use of premises to light industry and for no other purpose within B1. Referring to DOE Circular 13/87 and Planning Policy Guidance No 4 , the inspector and SOS quashed the restrictive condition as contrary to government policy. On appeal, the QBD quashed the SOS`s decision, stating that the broad brush approach to government policy could not be applied in every case, which needed to be decided on its own merits. The issue of employment was relevant and could not be dismissed by a mere reference to policy.
PLANNING APPEALS