Portsmouth Water plc v SoS Environment
Portsmouth Water plc v SoS Environment
- 1993
- Property and Compensation Reports (1993) 66 P&CR 410-421(6) .
QBD 5 April 1993. P applied for permission to build premises in an area set aside by the Local Plan as `coast and countryside`. Permission was refused. P appealed to the SoS. Following public inquiry the Inspector favoured approval. SoS in his deliberation had to consider whether para (d) of Proposal B11 of the Plan was applicable to the development and thus exempted it. S rejected the appeal without giving P the opportunity to make further representation. P contested the decision on procedural grounds. At issue was whether the decision had been on fact or opinion and therefore whether Town & Country Planning (Inquiries Procedure) Rules 1988 rule 16(4) applied. "Held" that it did not and dismissed appeal.
CHARACTER
DETRIMENT
PLANNING APPEALS
PLANNING PERMISSION
TOWN AND COUNTRY PLANNING (INQUIRIES PROCEDURE) RULES 1988
QBD 5 April 1993. P applied for permission to build premises in an area set aside by the Local Plan as `coast and countryside`. Permission was refused. P appealed to the SoS. Following public inquiry the Inspector favoured approval. SoS in his deliberation had to consider whether para (d) of Proposal B11 of the Plan was applicable to the development and thus exempted it. S rejected the appeal without giving P the opportunity to make further representation. P contested the decision on procedural grounds. At issue was whether the decision had been on fact or opinion and therefore whether Town & Country Planning (Inquiries Procedure) Rules 1988 rule 16(4) applied. "Held" that it did not and dismissed appeal.
CHARACTER
DETRIMENT
PLANNING APPEALS
PLANNING PERMISSION
TOWN AND COUNTRY PLANNING (INQUIRIES PROCEDURE) RULES 1988