R v Plymouth CC, J Sainsbury plc, Estates and Agency Holdings plc, Tesco Stores Ltd, Vospers Motor House (Plymouth) Ltd, ex p Plymouth and South Devon Co-operative Society Ltd
R v Plymouth CC, J Sainsbury plc, Estates and Agency Holdings plc, Tesco Stores Ltd, Vospers Motor House (Plymouth) Ltd, ex p Plymouth and South Devon Co-operative Society Ltd
- 1993
- Journal of Planning and Environment Law 1993 JPL 538-565(27) .
QBD 1 February 1993. Superstores - retail - developers` offers of community benefit - policy for community benefits in emerging local plan - three rival sites - judicial review - section 106 agreement - 1990 Act s70(2) - fairly and reasonably relate to development permitted - necessary to grant of planning permission - review of authorities on planning gain - Circular 16/91 Annex B - held that the true test of materiality is whether the conditions or obligations are imposed for a planning purpose and not an ulterior one, fairly and reasonably relate to the development permitted, and are not so unreasonable that no reasonable planning authority could have imposed them. The necessary nexus relates to the requirement, fairly and reasonably related. the benefits as offered passed the tests - each aspect of the test was satisfied. The benefits were given appropriate weight and were not the determining factors which led to the grant - the permissions were based on planning issues and on th
COMMUNITY BENEFITS
PLANNING GAIN
TOWN AND COUNTRY PLANNING ACT 1990 S70
QBD 1 February 1993. Superstores - retail - developers` offers of community benefit - policy for community benefits in emerging local plan - three rival sites - judicial review - section 106 agreement - 1990 Act s70(2) - fairly and reasonably relate to development permitted - necessary to grant of planning permission - review of authorities on planning gain - Circular 16/91 Annex B - held that the true test of materiality is whether the conditions or obligations are imposed for a planning purpose and not an ulterior one, fairly and reasonably relate to the development permitted, and are not so unreasonable that no reasonable planning authority could have imposed them. The necessary nexus relates to the requirement, fairly and reasonably related. the benefits as offered passed the tests - each aspect of the test was satisfied. The benefits were given appropriate weight and were not the determining factors which led to the grant - the permissions were based on planning issues and on th
COMMUNITY BENEFITS
PLANNING GAIN
TOWN AND COUNTRY PLANNING ACT 1990 S70