Fox and others v SoS for the Environment & Surrey Heath BC
Fox and others v SoS for the Environment & Surrey Heath BC
- 1991
- Rating & Valuation Reporter (1991) 31 RVR 171-180(10) .
QBD 24 May 1991. In August 1982 an application for residential development was made. It was decided that there was a housing land deficiency and the application was allowed. In November 1982 a local plan draft was published requiring open space use of F`s land. In February 1984 an inspector reporting on the plan recommended that this space be elsewhere. However this was not modified when the local plan was adopted in 1985. In September 1986 the council decided to buy F`s land and in March 1987 wrote to F to negotiate the sale under Land Compensation Act 1961 s17. Certification was issued, certifying that planning permission would not be granted for any development other than that proposed by the council, ie recreational use and public open space. F appealed to the SoS. In June 1989 an inspector recommended issue of a new certificate specifying residential development. The SoS rejected the recommendations. It was held that the SoS`s decision should be quashed on the grounds that the a
CERTIFICATE OF APPROPRIATE ALTERNATIVE DEVELOPMENT
COMPENSATION
LOCAL DEVELOPMENT PLANS
OPEN SPACE
PLANNING PERMISSION
RECREATIONAL USE
RESIDENTIAL DEVELOPMENT
QBD 24 May 1991. In August 1982 an application for residential development was made. It was decided that there was a housing land deficiency and the application was allowed. In November 1982 a local plan draft was published requiring open space use of F`s land. In February 1984 an inspector reporting on the plan recommended that this space be elsewhere. However this was not modified when the local plan was adopted in 1985. In September 1986 the council decided to buy F`s land and in March 1987 wrote to F to negotiate the sale under Land Compensation Act 1961 s17. Certification was issued, certifying that planning permission would not be granted for any development other than that proposed by the council, ie recreational use and public open space. F appealed to the SoS. In June 1989 an inspector recommended issue of a new certificate specifying residential development. The SoS rejected the recommendations. It was held that the SoS`s decision should be quashed on the grounds that the a
CERTIFICATE OF APPROPRIATE ALTERNATIVE DEVELOPMENT
COMPENSATION
LOCAL DEVELOPMENT PLANS
OPEN SPACE
PLANNING PERMISSION
RECREATIONAL USE
RESIDENTIAL DEVELOPMENT