Importance of alternative proposals in development control
Series: Journal of Planning and Environment Law ; July 2004, 887-890(4)Publication details: 2004Subject(s): Summary: Discusses "R v Westminster LBC and others ex p Mount Cook Land Ltd" ([2003] EWCA Civ 1346, Abs67134) which laid down important principles governing alternative proposals for the same site in development control terms. Explains the background and facts of the case, reasons for the appeal, the reasoning behind the decision and its implications. Concludes that where the principal application is acceptable in planning terms, alternative proposals for the same site are not material consideration for the purposes of the Town and Country Planning Act 1990 s54A and s70(2) save in exceptional circumstances. Even if the circumstances are exceptional, alternative proposals for the same site will not preclude the grant of planning permission to an acceptable principal application if there is no likelihood of the alternative proposal eventuating in the foreseeable future.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | ABS68048 (Browse shelf(Opens below)) | 1 | Available | 126700-1001 |
Discusses "R v Westminster LBC and others ex p Mount Cook Land Ltd" ([2003] EWCA Civ 1346, Abs67134) which laid down important principles governing alternative proposals for the same site in development control terms. Explains the background and facts of the case, reasons for the appeal, the reasoning behind the decision and its implications. Concludes that where the principal application is acceptable in planning terms, alternative proposals for the same site are not material consideration for the purposes of the Town and Country Planning Act 1990 s54A and s70(2) save in exceptional circumstances. Even if the circumstances are exceptional, alternative proposals for the same site will not preclude the grant of planning permission to an acceptable principal application if there is no likelihood of the alternative proposal eventuating in the foreseeable future.