R (on the application of Persimmon Homes (South East) Ltd) and another v Secretary of State for Transport
R (on the application of Persimmon Homes (South East) Ltd) and another v Secretary of State for Transport
- 2005
- Estates Gazette [2004] 04 EG 167 (CS) .
QBD (Admin), 21 January 2005. The claimant (P) had applied for a judicial review following the SoS's decision not to hold a public inquiry into a proposed development of land near Gatwick Airport that was materially affected by the airports white paper ("The future of air transport") and government guidance on acceptable noise levels for residential development. P contended that the SOS had acted unfairly and unreasonably in refusing to hold a public inquiry. "Held": claim dismissed. The court had no statutory framework to order an inquiry and there was no precedent allowing for a hearing or inquiry as part of the policy review process.
R v SOS TRANSPORT EX P PERSIMMON HOMES (SOUTH EAST) LTD
BINNEY V SOS ENVIRONMENT
GATWICK AIRPORT
NOISE POLLUTION
PLANNING POLICY
AIRPORT EXPANSION
RESIDENTIAL DEVELOPMENT
QBD (Admin), 21 January 2005. The claimant (P) had applied for a judicial review following the SoS's decision not to hold a public inquiry into a proposed development of land near Gatwick Airport that was materially affected by the airports white paper ("The future of air transport") and government guidance on acceptable noise levels for residential development. P contended that the SOS had acted unfairly and unreasonably in refusing to hold a public inquiry. "Held": claim dismissed. The court had no statutory framework to order an inquiry and there was no precedent allowing for a hearing or inquiry as part of the policy review process.
R v SOS TRANSPORT EX P PERSIMMON HOMES (SOUTH EAST) LTD
BINNEY V SOS ENVIRONMENT
GATWICK AIRPORT
NOISE POLLUTION
PLANNING POLICY
AIRPORT EXPANSION
RESIDENTIAL DEVELOPMENT