Carpets of Worth Ltd v Wyre Forest DC
Carpets of Worth Ltd v Wyre Forest DC
- 1991
- Property and Compensation Reports (1991) 62 P&CR 334-349(8) .
CA 12 March 1991. C owned 20 acres of land, the southern section being occupied by a factory and the northern by open land. In 1985 the Hereford and Worcester Structure Plan was approved showing the general position of green belt. In 1986 C`s northern land was included in local plan proposals at the request of the county council. Boundaries of the green belt were therefore altered. C`s objection at the local plan inquiry was rejected and the plan was adopted. C appealed on the ground that ministerial policy in planning guidelines and circulars, particularly DoE Circular 14/84 para 3(a) which stated that green belt boundaries should only be altered in exceptional circumstances, had not been adequately considered and applied. The council contended that alterations to the green belt, which had the effect of extending rather than reducing it, did not require such justification. Appeal allowed on the grounds that although ministerial circulars and PPG had no formal statutory force the loc
DOE CIRCULAR 14/1984 PARA 3(A)
DOE CIRCULARS
GREEN BELT
LOCAL DEVELOPMENT PLANS
PLANNING POLICY GUIDANCE NOTES
STATUTORY OBLIGATION
TOWN AND COUNTRY PLANNING ACT 1971 S11(9)
CA 12 March 1991. C owned 20 acres of land, the southern section being occupied by a factory and the northern by open land. In 1985 the Hereford and Worcester Structure Plan was approved showing the general position of green belt. In 1986 C`s northern land was included in local plan proposals at the request of the county council. Boundaries of the green belt were therefore altered. C`s objection at the local plan inquiry was rejected and the plan was adopted. C appealed on the ground that ministerial policy in planning guidelines and circulars, particularly DoE Circular 14/84 para 3(a) which stated that green belt boundaries should only be altered in exceptional circumstances, had not been adequately considered and applied. The council contended that alterations to the green belt, which had the effect of extending rather than reducing it, did not require such justification. Appeal allowed on the grounds that although ministerial circulars and PPG had no formal statutory force the loc
DOE CIRCULAR 14/1984 PARA 3(A)
DOE CIRCULARS
GREEN BELT
LOCAL DEVELOPMENT PLANS
PLANNING POLICY GUIDANCE NOTES
STATUTORY OBLIGATION
TOWN AND COUNTRY PLANNING ACT 1971 S11(9)