Challenge to decision of SoS
Challenge to decision of SoS
- 1989
- EGCS 1989 71 .
In Bromley LBC v SoS for the Environment and others , QBD 4 May 1989, an application was allowed on the grounds that the SoS in his decision letter, appeared to have assumed that following PPG7 and circular 16/87, previous green belt policies on the use of redundant agricultural buildings now also applied to non-agricultural buildings. If the SoS is changing his policy, he must do so clearly, and he failed to do so. Accordingly there was a fatal flaw in the decision letter.
TOWN AND COUNTRY PLANNING ACT 1971 S227
In Bromley LBC v SoS for the Environment and others , QBD 4 May 1989, an application was allowed on the grounds that the SoS in his decision letter, appeared to have assumed that following PPG7 and circular 16/87, previous green belt policies on the use of redundant agricultural buildings now also applied to non-agricultural buildings. If the SoS is changing his policy, he must do so clearly, and he failed to do so. Accordingly there was a fatal flaw in the decision letter.
TOWN AND COUNTRY PLANNING ACT 1971 S227