Second City (South West) Ltd v SoS Environment and Woodspring DC
Second City (South West) Ltd v SoS Environment and Woodspring DC
- 1991
- Property and Compensation Reports (1991) 61 PCR 498-506(5) .
QBD 20 June 1990. The SoS refused planning permission to build houses on high quality agricultural land. In an application to quash the decision it was submitted that the SoS had misdirected himself in applying Planning Policy Guidance Note 3 , which states that there is a presumption in favour of granting planning permission in the absence of a five year supply of housing land except where the land in question is the best agricultural land and other less valuable land is available, Planning Policy Guidance Note 7 and in failing to give a reason for departing from the presumption in favour of development. He had had regard to an immaterial consideration ie. a policy in the local plan published after the inspectors decision against development in the open countryside. The application was allowed as the SoS should have treated the competing needs of housing development and the retention of high-quality agricultural land equally; also it was breach of natural justice to allow a new poli
LAW CASE
PPG3
PPG7
QBD 20 June 1990. The SoS refused planning permission to build houses on high quality agricultural land. In an application to quash the decision it was submitted that the SoS had misdirected himself in applying Planning Policy Guidance Note 3 , which states that there is a presumption in favour of granting planning permission in the absence of a five year supply of housing land except where the land in question is the best agricultural land and other less valuable land is available, Planning Policy Guidance Note 7 and in failing to give a reason for departing from the presumption in favour of development. He had had regard to an immaterial consideration ie. a policy in the local plan published after the inspectors decision against development in the open countryside. The application was allowed as the SoS should have treated the competing needs of housing development and the retention of high-quality agricultural land equally; also it was breach of natural justice to allow a new poli
LAW CASE
PPG3
PPG7