British Aerospace Plc v SOS Environment and SOS Transport
British Aerospace Plc v SOS Environment and SOS Transport
- 1998
- Property and Compensation Reports (1998) 75 PCR 486-499(14) .
QBD 13 June 1997. The applicants (B) sought planning permissin for an airport on land with an existing aviation-related use with a ceiling od 23,000 air traffic movements per year. A public inquiry was held in 1994 at which the inspector recommended refusal of the permission. B challenged the decision on the grounds that it was unlawful to take into account future increases in the scale of the airport when they had agreed to having their permitted development rights restricted and that it was not clear from the inspectors report how the finding of unacceptable noise intrusion related to the specific technical evidence or established critieria in PPG24. The application was dismissed on the grounds that the potential expansion of a proposal is capable of being a material cpmsideration in an appeal and that the Inspector was entitled to reach his own conclusions on the noise issue even if this conflicted with the technical evidence.
AIRPORTS
BRISTOL
BRITISH AEROSPACE PLS V SOS ENVIRONMENT AND SOS TRANSPORT
EXPANSION
FILTON
NOISE LEVELS
PERMITTED DEVELOPMENT RIGHTS
PPG24
PUBLIC INQUIRY
QBD 13 June 1997. The applicants (B) sought planning permissin for an airport on land with an existing aviation-related use with a ceiling od 23,000 air traffic movements per year. A public inquiry was held in 1994 at which the inspector recommended refusal of the permission. B challenged the decision on the grounds that it was unlawful to take into account future increases in the scale of the airport when they had agreed to having their permitted development rights restricted and that it was not clear from the inspectors report how the finding of unacceptable noise intrusion related to the specific technical evidence or established critieria in PPG24. The application was dismissed on the grounds that the potential expansion of a proposal is capable of being a material cpmsideration in an appeal and that the Inspector was entitled to reach his own conclusions on the noise issue even if this conflicted with the technical evidence.
AIRPORTS
BRISTOL
BRITISH AEROSPACE PLS V SOS ENVIRONMENT AND SOS TRANSPORT
EXPANSION
FILTON
NOISE LEVELS
PERMITTED DEVELOPMENT RIGHTS
PPG24
PUBLIC INQUIRY