Carpets of Worth Ltd v Wyre Forest DC
Carpets of Worth Ltd v Wyre Forest DC
- 1991
- Property and Compensation Reports (1991) 61 PCR 57-64(5) .
QBD 7 March 1990. The applicant, C, owned 20 acres of land, the southern part of which was occupied by their factory and the rest was open land . In 1975 the line of the Green Belt lay to the north of the land in question which was therefore excluded. In 1982 Hereford and Worcester CC published draft proposals for a Green Belt local plan covering the whole county, which indicated the inclusion of C`s land. In 1985 this was approved by SoS. In 1986 the respondent council W published a draft of its own local plan, a statutory duty under the county plan. This excluded C`s land from the green belt. The County Council expressed a preference for its inclusion and W responded by including the northern area. At the local plan inquiry C lodged an objection which was rejected. W adopted the local plan, C sought an order that the decision to adopt W`s local plan be quashed on the grounds that it was not within the powers laid down by the Town and Country Planning Act 1971. The application was d
CASE LAW
TOWN AND COUNTRY PLANNING ACT 1971 S244
QBD 7 March 1990. The applicant, C, owned 20 acres of land, the southern part of which was occupied by their factory and the rest was open land . In 1975 the line of the Green Belt lay to the north of the land in question which was therefore excluded. In 1982 Hereford and Worcester CC published draft proposals for a Green Belt local plan covering the whole county, which indicated the inclusion of C`s land. In 1985 this was approved by SoS. In 1986 the respondent council W published a draft of its own local plan, a statutory duty under the county plan. This excluded C`s land from the green belt. The County Council expressed a preference for its inclusion and W responded by including the northern area. At the local plan inquiry C lodged an objection which was rejected. W adopted the local plan, C sought an order that the decision to adopt W`s local plan be quashed on the grounds that it was not within the powers laid down by the Town and Country Planning Act 1971. The application was d
CASE LAW
TOWN AND COUNTRY PLANNING ACT 1971 S244