Maidstone BC v SoS Environment and Kent CC
Maidstone BC v SoS Environment and Kent CC
- 1995
- Property and Compensation Reports (1995) 69 PCR 1-12(12) .
QBD 28 July 1994. The applicant council (M) owned land formerly used as allotments and now required for a road improvement scheme. In 1990 the county council applied to M for a certificate of appropriate alternative development, contending that planning permission would not be granted for any development save that proposed. M issued a certificate stating that planning permission would have been granted for office, residential or hotel development. The county appealed against that certificate. The Inspector recommended that the certificate be confirmed but the SoS cancelled it, issuing a substitute which certified that planning permission would have been granted for car parking. M`s appeal was dismissed; competing needs for open space could amount to a valid planning objection to the hypothetical development.
CERTIFICATE OF APPROPRIATE ALTERNATIVE DEVELOPMENT
COMPENSATION
Compulsory purchase
PLANNING PERMISSION
ROAD IMPROVEMENT SCHEME
QBD 28 July 1994. The applicant council (M) owned land formerly used as allotments and now required for a road improvement scheme. In 1990 the county council applied to M for a certificate of appropriate alternative development, contending that planning permission would not be granted for any development save that proposed. M issued a certificate stating that planning permission would have been granted for office, residential or hotel development. The county appealed against that certificate. The Inspector recommended that the certificate be confirmed but the SoS cancelled it, issuing a substitute which certified that planning permission would have been granted for car parking. M`s appeal was dismissed; competing needs for open space could amount to a valid planning objection to the hypothetical development.
CERTIFICATE OF APPROPRIATE ALTERNATIVE DEVELOPMENT
COMPENSATION
Compulsory purchase
PLANNING PERMISSION
ROAD IMPROVEMENT SCHEME