Putting the boot into development control a user's guide to recent case law
Ellis, Morag
Putting the boot into development control a user's guide to recent case law - 2005 - Journal of Planning and Environment Law June 2005, 735-746(12) .
Considers the practical implications of three key cases won by local planning authorities: "R (on the application of Reprotech (Pebsham) Ltd v East Sussex CC" ([2002] UKHL 8, 28 February 2002), "Henry Boot Homes Ltd v Bassetlaw DC" ([2002] EWCA Civ 983, Abs66279) and "Sage v SoS for the Environment, Transport and the Regions" ([2003] UKHL 22, X122098). Argues that practice has been slow to change in the wake of these decisions; that it is possible to put into place procedures which properly reflect these decisions; and that there is a case for a legislative response to formalise the practice of dealing with the ideas and problems cropping up during development projects as minor amendments. Examines in detail "Reprotech", "Henry Boot" and "Sage" and assesses local authority enforcement procedures in respect of conditions and amendments. Concludes that formality is now the watchword in development control
R V EAST SUSSEX CC EX P REPROTECH (PEBSHAM) LTD AND ANOTHER
HENRY BOOT HOMES LTD V BASSETLAW DC
SAGE V SOS ENVIRONMENT AND OTHERS
Putting the boot into development control a user's guide to recent case law - 2005 - Journal of Planning and Environment Law June 2005, 735-746(12) .
Considers the practical implications of three key cases won by local planning authorities: "R (on the application of Reprotech (Pebsham) Ltd v East Sussex CC" ([2002] UKHL 8, 28 February 2002), "Henry Boot Homes Ltd v Bassetlaw DC" ([2002] EWCA Civ 983, Abs66279) and "Sage v SoS for the Environment, Transport and the Regions" ([2003] UKHL 22, X122098). Argues that practice has been slow to change in the wake of these decisions; that it is possible to put into place procedures which properly reflect these decisions; and that there is a case for a legislative response to formalise the practice of dealing with the ideas and problems cropping up during development projects as minor amendments. Examines in detail "Reprotech", "Henry Boot" and "Sage" and assesses local authority enforcement procedures in respect of conditions and amendments. Concludes that formality is now the watchword in development control
R V EAST SUSSEX CC EX P REPROTECH (PEBSHAM) LTD AND ANOTHER
HENRY BOOT HOMES LTD V BASSETLAW DC
SAGE V SOS ENVIRONMENT AND OTHERS