Capel Parish Council v Surrey County Council (Record no. 81370)

MARC details
000 -LEADER
fixed length control field 02090cab a22002535a 4500
001 - CONTROL NUMBER
control field L147061
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 090327e20090305xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u147061
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Capel Parish Council v Surrey County Council
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2009
520 ## - SUMMARY, ETC.
Summary, etc. [2009] EWHC 350 (Admin), 5 March 2009. Development plans may be overturned by the courts if they fail to include evidence of sustainability and nature conservation restraints. An applicant parish council (C) applied to the High Court quash a decision of the respondent local authority to include a brickworks waste disposal incinerator which was to be treated as a Greenfield site in C's area in the Waste Development Plan Documents. The Waste Plan had been submitted to the Secretary of State as per the Planning and Compulsory Purchase Act 2004 S20(1). Inspectors approved the plan applying guidance in planning policy statement 12 (PPS12). Held: application allowed. The guidance in PPS12 had been amended as it contained an error of law, but the inspectors wrongly applied the 'presumption of soundness' to the development plan documents as it existed at the time. Evidence of sustainability and nature conservation restraints should have been sought. Persimmon Homes (North East) Ltd v Blyth Valley BC applied. Accordingly, inclusion of the incinerator site in the plans had to be quashed and related planning permissions were also quashed.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PERSIMMON HOMES(NORTH EAST) LTD V BLYTH VALLEY BC
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PLANNING AND COMPULSORY PURCHASE ACT 2004
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PLANNING POLICY STATEMENT 12
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element PLANNING POLICY STATEMENT 10
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CAPEL PARISH COUNCIL V SURREY COUNTY COUNCIL
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element ENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-DEVELOPMENT CONTROL-PLANNING APPLICATIONS
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element BUILT ENVIRONMENT-SUSTAINABLE CONSTRUCTION
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/uk/cases/EWHC/admin/2009/350.html/">https://www.bailii.org/uk/cases/EWHC/admin/2009/350.html/</a>
Public note View the report at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
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    Dewey Decimal Classification     Virtual Virtual Online 27/03/2009   ONLINE PUBLICATION 147061-1001 06/08/2019 1 06/08/2019 Law report