Planning's trojan horse
Edwards, M.
Planning's trojan horse - 2003 - Estates Gazette (0315) 12 April 2003, 135(1) .
Examines the case "Smith v SoS Environment" ([2003] EWCA Civ 262) which concerned a proposed development at a quarry and the issue of environmental impact. Planning permission to vary two conditions of existing permission was granted by the inspector subject to conditions which required the local planning authority (LPA) to approve schemes for landscaping and dust suppression. An appeal by S failed on the issue of the construction of the conditions but the judge made several important observations on how LPAs deal with proposed developments. He emphasised that fuller debate is needed on who should determine matters reserved by an inspector and that it is wrong to try to bind an LPA to act reasonably when it is not party to the undertaking.
SMITH V SOS ENVIRONMENT
ENVIRONMENTAL IMPACT ASSESSMENTS
QUARRIES
RESERVED MATTERS
LOCAL PLANNING AUTHORITIES
PLANNING CONDITIONS
Planning's trojan horse - 2003 - Estates Gazette (0315) 12 April 2003, 135(1) .
Examines the case "Smith v SoS Environment" ([2003] EWCA Civ 262) which concerned a proposed development at a quarry and the issue of environmental impact. Planning permission to vary two conditions of existing permission was granted by the inspector subject to conditions which required the local planning authority (LPA) to approve schemes for landscaping and dust suppression. An appeal by S failed on the issue of the construction of the conditions but the judge made several important observations on how LPAs deal with proposed developments. He emphasised that fuller debate is needed on who should determine matters reserved by an inspector and that it is wrong to try to bind an LPA to act reasonably when it is not party to the undertaking.
SMITH V SOS ENVIRONMENT
ENVIRONMENTAL IMPACT ASSESSMENTS
QUARRIES
RESERVED MATTERS
LOCAL PLANNING AUTHORITIES
PLANNING CONDITIONS