Demonstrable harm
Demonstrable harm
- 1996
- Estates Gazette Case Summaries [1996] EGCS 66(1) (13/04/96) .
"J Sainsbury plc and another v SoS Environment and another" QBD 3 April 1996. Two applications for planning permission - one for retail development including food store with shops and a car park and the second for retail development including foodstore, housing development and a retail warehouse and park. The land was outside Aylesbury town centre. Inspector found that the proposals would not enhance the town centre in accordance with Buckinghamshire`s structure plan. SoS Environment (X) agreed. S contended no demonstrable harm shown. X contended demonstrable harm is a policy not a legal concept. Applications refused.
DEMONSTRABLE HARM
J SAINSBURY PLC AND ANOTHER V SOS ENVIRONMENT AND ANOTHER
MATERIAL CONSIDERATION
PPG1
PLANNING POLICY GUIDANCE NOTE 13
RETAIL DEVELOPMENT
STRUCTURE PLANS
"J Sainsbury plc and another v SoS Environment and another" QBD 3 April 1996. Two applications for planning permission - one for retail development including food store with shops and a car park and the second for retail development including foodstore, housing development and a retail warehouse and park. The land was outside Aylesbury town centre. Inspector found that the proposals would not enhance the town centre in accordance with Buckinghamshire`s structure plan. SoS Environment (X) agreed. S contended no demonstrable harm shown. X contended demonstrable harm is a policy not a legal concept. Applications refused.
DEMONSTRABLE HARM
J SAINSBURY PLC AND ANOTHER V SOS ENVIRONMENT AND ANOTHER
MATERIAL CONSIDERATION
PPG1
PLANNING POLICY GUIDANCE NOTE 13
RETAIL DEVELOPMENT
STRUCTURE PLANS