Mendip DC v SoS Environment and Castle Housing Society Ltd
Mendip DC v SoS Environment and Castle Housing Society Ltd
- 1993
- Journal of Planning and Environment Law 1993 JPL 434-439(6) .
QBD 27 November 1992. Preliminary point. S288 of the 1990 Act. Six weeks to make application to quash. Notice of Motion entered at Crown Office on last day of six week period. Not served within six week. Power of court to extend period of service. Consideration of Summers v Ministry of Health 1947. Unextendable deadline for the entry of the notice of motion. Jurisdiction to extend deadline for service. Affordable housing application by Housing Association. Rural character of surrondings. Detriment to. Rival site favoured by the Council. Alter inquiry and before decision letter planning permission and s106 agreement for rival site. Inspector allowed appeal. Decision letter unclear. Decision quashed. Case headnote.
RURAL CHARACTER
TOWN AND COUNTRY PLANNING ACT 1990 S288
QBD 27 November 1992. Preliminary point. S288 of the 1990 Act. Six weeks to make application to quash. Notice of Motion entered at Crown Office on last day of six week period. Not served within six week. Power of court to extend period of service. Consideration of Summers v Ministry of Health 1947. Unextendable deadline for the entry of the notice of motion. Jurisdiction to extend deadline for service. Affordable housing application by Housing Association. Rural character of surrondings. Detriment to. Rival site favoured by the Council. Alter inquiry and before decision letter planning permission and s106 agreement for rival site. Inspector allowed appeal. Decision letter unclear. Decision quashed. Case headnote.
RURAL CHARACTER
TOWN AND COUNTRY PLANNING ACT 1990 S288