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Stratford-Upon-Avon Dc v SoS Environment

Language: English Series: Journal of Planning and Environment Law ; (1994) JPEL 741-749(9)Publication details: 1994Subject(s): Summary: QBD 7 July 1993. Appeal against refusal of planning permission allowed by SoS - whether SoS had erred in failing to take into account the changing policy context where there was no special presumption - relationship of the special presumption to s54a - SoS presumed to have had regard to his own new policies but he should have given the local authority an opportunity to comment on the significance of the new policy - whether explanatory text of development plan a lower status or weight -application allowed.

QBD 7 July 1993. Appeal against refusal of planning permission allowed by SoS - whether SoS had erred in failing to take into account the changing policy context where there was no special presumption - relationship of the special presumption to s54a - SoS presumed to have had regard to his own new policies but he should have given the local authority an opportunity to comment on the significance of the new policy - whether explanatory text of development plan a lower status or weight -application allowed.