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R V Canterbury CC, Robert Brett & Sons Ltd, ex parte Springimage Ltd

Language: English Series: Journal of Planning and Environment Law ; (1994) JPL 427-440(15)Publication details: 1994Subject(s): Summary: Application for judicial review - reval developer - retail development - section 106 agreement - section 54A - locus standi - application of section 54A - planning committee misdirected by Planning Officer`s Report - section 54A required local planning authorities to determine applications in accordance with development plan unless material considerations indicated otherwise and not merely to have regard to them - the deficiency in the officer`s report conflated the two requirements and misstated the position - the resolution was ultra vires in so far as it resulted from a misapplication of the statutory provision - a section 106 agreement under section 106(1)(a) could improve a Grampian type restriction on the timing of the development - discretion to quash not exercised there was no real possibility of the committee`s decision being any different. (Headnote from Journal).
Holdings
Item type Current library Call number Copy number Status Barcode
Law report London Journal article X1462 (Browse shelf(Opens below)) 1 Available 17239-1001

Application for judicial review - reval developer - retail development - section 106 agreement - section 54A - locus standi - application of section 54A - planning committee misdirected by Planning Officer`s Report - section 54A required local planning authorities to determine applications in accordance with development plan unless material considerations indicated otherwise and not merely to have regard to them - the deficiency in the officer`s report conflated the two requirements and misstated the position - the resolution was ultra vires in so far as it resulted from a misapplication of the statutory provision - a section 106 agreement under section 106(1)(a) could improve a Grampian type restriction on the timing of the development - discretion to quash not exercised there was no real possibility of the committee`s decision being any different. (Headnote from Journal).