Planning gain
Planning gain
- 1993
- Estates Gazette Case Summaries 1993 EGCS 16(2) (13/2/93) .
"R v Plymouth CC ex p Plymouth & South Devon Co-operative Society Ltd" QBD 1 February 1993. Application for judicial review by theCo-operative Society alleging that Plymouth CC was in breach of Town and Country Planning Act 1990 s70 by taking account of immaterial considerations of community benefits in granting planning permission for two superstore developments by Tesco and Sainsbury. Its own application for a similiar development was deferred although eventually allowed. HC held that the offer of community benefits was material to granting permission. Application dismissed.
COMMUNITY BENEFITS
IMMATERIAL CONSIDERATIONS
PLANNING APPLICATIONS
TOWN AND COUNTRY PLANNING ACT 1990 S106
SUPERSTORES
TOWN AND COUNTRY PLANNING ACT 1990 S70
"R v Plymouth CC ex p Plymouth & South Devon Co-operative Society Ltd" QBD 1 February 1993. Application for judicial review by theCo-operative Society alleging that Plymouth CC was in breach of Town and Country Planning Act 1990 s70 by taking account of immaterial considerations of community benefits in granting planning permission for two superstore developments by Tesco and Sainsbury. Its own application for a similiar development was deferred although eventually allowed. HC held that the offer of community benefits was material to granting permission. Application dismissed.
COMMUNITY BENEFITS
IMMATERIAL CONSIDERATIONS
PLANNING APPLICATIONS
TOWN AND COUNTRY PLANNING ACT 1990 S106
SUPERSTORES
TOWN AND COUNTRY PLANNING ACT 1990 S70