R (on the application of Cherwell District Council) v First Secretary of State and another
Series: Estates Gazette ; [2004] 16 EG 111(1) (CS))Publication details: 2004Subject(s):- CROWN IMMUNITY
- DESIGN BUILD AND OPERATE
- ASYLUM SEEKERS
- R V FIRST SOS AND ANOTHER EX P CHERWELL DC
- PLANNING PERMISSION
- TOWN AND COUNTRY PLANNING ACT 1990 PART XIII
- FREEHOLD INTEREST
- LORD ADVOCATE V DUMBARTON DC
- CROWN LANDS
- DOE CIRCULAR 18/1994
- RURAL DEVELOPMENT
- NATIONAL PLANNING POLICY
- SEQUENTIAL TEST
- ERROR IN LAW
- PLANNING-CASE LAW
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS67754 (Browse shelf(Opens below)) | 1 | Available | 125931-1001 |
[2004] EWHC 724 (Admin), 6 April 2004. Claimant local authority (C) sought to quash the decision of the defendant F approving a development by the Home Office for an accommodation centre for asylum seekers in a rural location in Oxfordshire. The Home Office was to retain ownership of the site with a lease granted to a private contractor on a design, build and operate basis. An agreement enabling the Crown to lease the land to the contractor with the benefit of planning permission was entered into under the Town and Country Planning Act 1990 s299A. The background to the decision is explained in paras 1-9 of the judgment. Claimant C challenged S's decision on seven separate points arguing that S had erred in law in allowing the development to go ahead. Full details of the arguments for challenging the decision and the Court's reasons for upholding it are explained in full in paras 10-42. Decision upheld on the basis that C had failed to establish that F had erred in law. C is planning to appeal to the CA against decision. View judgment at www.courtservice.gov.uk.