What's the alternative?
Catterall, S.
What's the alternative? - 2004 - Estates Gazette (0410) 6 March 2004, 176-177(2) .
Discusses recent case law looking at whether alternative sites are material in an application for planning permission. "Trust House Forte Hotels Ltd v SoS Environment and another" ([1986] JPL 834) established three basic principles: i) that where a site can be developed in a way that is satisfactory in terms of planning, alternative sites would not have to be considered, ii) alternative sites may be considered where there are planning objections and iii) the planning authority may reasonably conclude that alternatives do exist even if they are not identified. "R v Mansfield DC ex p Jones" ([2003] EWCA Civ 1408, [2003] PLSCS 227) left open the possibility of refusing an application on the basis that a better alternative site was available. "Phillips v First SoS" ([2003] EWHC 2415 (Admin), [2003] 44 EG 169 (CS)) sets out how planning authorities should deal with any development where planning policies require a consideration of alternative sites.
ALTERNATIVE SITES
MATERIAL CONSIDERATIONS
PLANNING OBJECTIONS
TRUST HOUSE FORTE HOTELS LTD V SOS ENVIRONMENT AND ANOTHER
R V MANSFIELD DC EX P JONES
PHILLIPS V FIRST SOS
PLANNING POLICY
What's the alternative? - 2004 - Estates Gazette (0410) 6 March 2004, 176-177(2) .
Discusses recent case law looking at whether alternative sites are material in an application for planning permission. "Trust House Forte Hotels Ltd v SoS Environment and another" ([1986] JPL 834) established three basic principles: i) that where a site can be developed in a way that is satisfactory in terms of planning, alternative sites would not have to be considered, ii) alternative sites may be considered where there are planning objections and iii) the planning authority may reasonably conclude that alternatives do exist even if they are not identified. "R v Mansfield DC ex p Jones" ([2003] EWCA Civ 1408, [2003] PLSCS 227) left open the possibility of refusing an application on the basis that a better alternative site was available. "Phillips v First SoS" ([2003] EWHC 2415 (Admin), [2003] 44 EG 169 (CS)) sets out how planning authorities should deal with any development where planning policies require a consideration of alternative sites.
ALTERNATIVE SITES
MATERIAL CONSIDERATIONS
PLANNING OBJECTIONS
TRUST HOUSE FORTE HOTELS LTD V SOS ENVIRONMENT AND ANOTHER
R V MANSFIELD DC EX P JONES
PHILLIPS V FIRST SOS
PLANNING POLICY