Edwards (PG) v SoS Environment and Roadside Developments Ltd and Breckland DC
Edwards (PG) v SoS Environment and Roadside Developments Ltd and Breckland DC
- 1993
- Property and Compensation Reports 1993 66 PCR 393-409(9) .
QBD 10 May 1993. Following road improvements DTp recognised the need for new motorist service areas. Seven applications for planning permission were made. E`s proposal was sited at an interchange to cater for traffic in both directions; R`s was for two sites on either side of the road. B refused all applications and an appeal was made. The inspector held that decisions should be made by written representation. The decision favoured R`s appeal; need for a service area outweighed the detrimental effect on the character of the area. Local authorities relied on this to support refusal of the other competing sites. E objected on the grounds that all the sites should have been taken into account and been dealt with together. Upheld by the court. All alternative proposals should have been considered.
MOTORIST SERVICE AREAS
PLANNING PERMISSION
ROAD IMPROVEMENTS
TOWN AND COUNTRY PLANNING ACT 1990 S288
QBD 10 May 1993. Following road improvements DTp recognised the need for new motorist service areas. Seven applications for planning permission were made. E`s proposal was sited at an interchange to cater for traffic in both directions; R`s was for two sites on either side of the road. B refused all applications and an appeal was made. The inspector held that decisions should be made by written representation. The decision favoured R`s appeal; need for a service area outweighed the detrimental effect on the character of the area. Local authorities relied on this to support refusal of the other competing sites. E objected on the grounds that all the sites should have been taken into account and been dealt with together. Upheld by the court. All alternative proposals should have been considered.
MOTORIST SERVICE AREAS
PLANNING PERMISSION
ROAD IMPROVEMENTS
TOWN AND COUNTRY PLANNING ACT 1990 S288