Richardson v SoS Environment and Milton Keynes BC
Richardson v SoS Environment and Milton Keynes BC
- 1998
- Property and Compensation Reports [1998] 75 P&CR 97-101(5) .
QBD 13 March 1997. The applicants applied to build an alternative house from which to continue their farming operation since their existing house was close to the M1 motorway and they had received an offer from the Highways Agency to purchase the house. The Agency wished to use the house for business use rather than demolish it. The location chosen for the new dwelling was a considerable distance from the existing house and was in open countryside. Buckinghamshire Country Structure Plan contained a presumption against development in open countryside but allowed `limited extension, replacement or alteration of existing dwellings`. At appeal, the applicants argued that they were replacing their existing dwelling with the new dwelling. The Inspector rejected that submission on the grounds that the term `replace`, as applied in a planning context, was to restore to a previous place or position. The applicants appealed to the High Court. Held, dismissing the application.
PLANNING PERMISSION
REPLACEMENT
RICHARDSON V SOS ENVIRONMENT AND MILTON KEYNES BC
STRUCTURE PLAN
QBD 13 March 1997. The applicants applied to build an alternative house from which to continue their farming operation since their existing house was close to the M1 motorway and they had received an offer from the Highways Agency to purchase the house. The Agency wished to use the house for business use rather than demolish it. The location chosen for the new dwelling was a considerable distance from the existing house and was in open countryside. Buckinghamshire Country Structure Plan contained a presumption against development in open countryside but allowed `limited extension, replacement or alteration of existing dwellings`. At appeal, the applicants argued that they were replacing their existing dwelling with the new dwelling. The Inspector rejected that submission on the grounds that the term `replace`, as applied in a planning context, was to restore to a previous place or position. The applicants appealed to the High Court. Held, dismissing the application.
PLANNING PERMISSION
REPLACEMENT
RICHARDSON V SOS ENVIRONMENT AND MILTON KEYNES BC
STRUCTURE PLAN