Morbaine Ltd v SoS Environment and South Northampton DC and another
Morbaine Ltd v SoS Environment and South Northampton DC and another
- 1994
- Property and Compensation Reports (1994) 68 PCR 525-543(19) .
QBD 20 December 1993. Two applications were made for planning permission to develop supermarkets in the same town by C and H. M was H`s chosen developer and had an option to purchase the site. H`s application was called in by the SoS for determination. C appealed to the council (SN) to determine its application. SN requested that C`s should also be called in and a joint application issued. The SoS refused giving no reasons. An Inspector granted planning permission to C following an inquiry. M and SN applied under Town and Country Planning Act 1990 to quash the decision. C argued that M had no right to do this as they had not been present at the inquiry. SN also applied to quash the decision of the SoS to refuse to call in C`s application as the SoS was obliged to give his reasons. SoS`s decision quashed.
CALL-IN
JUDICIAL REVIEW
MORBAINE LTD V SOS ENVIRONMENT AND SOUTH NORTHAMPTON DC
OPTION TO PURCHASE
PLANNING APPLICATIONS
TOWN AND COUNTRY PLANNING ACT 1990 S288(1)
QBD 20 December 1993. Two applications were made for planning permission to develop supermarkets in the same town by C and H. M was H`s chosen developer and had an option to purchase the site. H`s application was called in by the SoS for determination. C appealed to the council (SN) to determine its application. SN requested that C`s should also be called in and a joint application issued. The SoS refused giving no reasons. An Inspector granted planning permission to C following an inquiry. M and SN applied under Town and Country Planning Act 1990 to quash the decision. C argued that M had no right to do this as they had not been present at the inquiry. SN also applied to quash the decision of the SoS to refuse to call in C`s application as the SoS was obliged to give his reasons. SoS`s decision quashed.
CALL-IN
JUDICIAL REVIEW
MORBAINE LTD V SOS ENVIRONMENT AND SOUTH NORTHAMPTON DC
OPTION TO PURCHASE
PLANNING APPLICATIONS
TOWN AND COUNTRY PLANNING ACT 1990 S288(1)