Bolton MDC and others v SoS Environment and others
Bolton MDC and others v SoS Environment and others
- 1996
- Property and Compensation Reports [1996] 71 P&CR 309-322(8) .
HL 24 May 1995. Upheld the HC decision, and overturning the CA decision concerning whether the SoS had taken due consideration of the impact of traffic upon a new development. SoS had given planning permission for a sub-regional shopping centre known as the Trafford Centre. B argued that the SoS had not given due consideration to the impact extra traffic would have and that the SoS had not given sufficient reasons for his decision. The CA had upheld the consortium of local authorities` objections, the SoS appealed to the HL. The HL concluded that the SoS had need to balance the provision of urban regeneration with environmental considerations and that he had investigated the implications of the development, and had explained his reasons although not necessarily as fully and as clearly as might be wished. Appeal allowed.
BOLTON MDC AND OTHERS V SOS ENVIRONMENT AND OTHERS
DUE CONSIDERATION
MANCHESTER SHIP CANAL COMPANY
OUT-OF-TOWN SHOPPING CENTRES
REGIONAL SHOPPING CENTRES
RETAIL IMPACT
TOWN AND COUNTRY PLANNING ACT 1990 S70
TOWN AND COUNTRY PLANNING ACT 1990 S77
TRAFFORD CENTRE
HL 24 May 1995. Upheld the HC decision, and overturning the CA decision concerning whether the SoS had taken due consideration of the impact of traffic upon a new development. SoS had given planning permission for a sub-regional shopping centre known as the Trafford Centre. B argued that the SoS had not given due consideration to the impact extra traffic would have and that the SoS had not given sufficient reasons for his decision. The CA had upheld the consortium of local authorities` objections, the SoS appealed to the HL. The HL concluded that the SoS had need to balance the provision of urban regeneration with environmental considerations and that he had investigated the implications of the development, and had explained his reasons although not necessarily as fully and as clearly as might be wished. Appeal allowed.
BOLTON MDC AND OTHERS V SOS ENVIRONMENT AND OTHERS
DUE CONSIDERATION
MANCHESTER SHIP CANAL COMPANY
OUT-OF-TOWN SHOPPING CENTRES
REGIONAL SHOPPING CENTRES
RETAIL IMPACT
TOWN AND COUNTRY PLANNING ACT 1990 S70
TOWN AND COUNTRY PLANNING ACT 1990 S77
TRAFFORD CENTRE