Alderney Estates Ltd v SoS Transport and another
Alderney Estates Ltd v SoS Transport and another
- 2003
- Estates Gazette Case Summaries [2003] 10 EG 163 (CS) Journal of Planning and Environment Law [2003] JPL 744-753(8) .
CA, 21 February 2003. Appeal by the SoS against the judge's decision to overturn the SoS's refusal of planning permission for a residential development on a greenfield site. Planning permission was refused on the grounds that brownfield land should be developed before greenfield, in accordance with PPG3 para 32. The judge held that the SoS had misinterpreted para 32 which had to be read subject tothe para 34 guidance. The SoS appealed on the issue of the correct interpretation of para 32. "Held": appeal allowed on the grounds that it was for the decision maker in each individual case to attach the necessary weight to the para 34 consideration to provide sufficient housing land.
PPG3
GREENFIELD SITES
ALDERNEY ESTATES V SOS TRANSPORT
PLANNING PERMISSION
BROWNFIELD LAND
RESIDENTIAL DEVELOPMENT
CA, 21 February 2003. Appeal by the SoS against the judge's decision to overturn the SoS's refusal of planning permission for a residential development on a greenfield site. Planning permission was refused on the grounds that brownfield land should be developed before greenfield, in accordance with PPG3 para 32. The judge held that the SoS had misinterpreted para 32 which had to be read subject tothe para 34 guidance. The SoS appealed on the issue of the correct interpretation of para 32. "Held": appeal allowed on the grounds that it was for the decision maker in each individual case to attach the necessary weight to the para 34 consideration to provide sufficient housing land.
PPG3
GREENFIELD SITES
ALDERNEY ESTATES V SOS TRANSPORT
PLANNING PERMISSION
BROWNFIELD LAND
RESIDENTIAL DEVELOPMENT