Fitchett (Contractors) Ltd v SoS Environment and another
Language: English Series: Property and Compensation Reports ; (1988) 56 PCR 380-385(6)Publication details: 1988Subject(s): Summary: QBD 15 March 1988. The applicant (F) had been refused planning permission by the Council to build 57 houses and appealed to SoS. An inspector dismissed the appeal. Under Circular 15/84 he was required to consider whether there was a 5-year supply of building land. If there was, there would be no presumption in favour of granting consent.F claimed the inspector misinterpreted the circular which allowed principal locations to be distinguished from `other areas`. Whilst there was a 5year supply in the district overall in other areas suchas that which included F`s land there was only a 1.4-year supply. F applied to have the inspectors decision quashed. The application was allowed. The circular had been misconstrued in that it could apply to an area of a district.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS40144 (Browse shelf(Opens below)) | 1 | Available | 21738-1001 |
QBD 15 March 1988. The applicant (F) had been refused planning permission by the Council to build 57 houses and appealed to SoS. An inspector dismissed the appeal. Under Circular 15/84 he was required to consider whether there was a 5-year supply of building land. If there was, there would be no presumption in favour of granting consent.F claimed the inspector misinterpreted the circular which allowed principal locations to be distinguished from `other areas`. Whilst there was a 5year supply in the district overall in other areas suchas that which included F`s land there was only a 1.4-year supply. F applied to have the inspectors decision quashed. The application was allowed. The circular had been misconstrued in that it could apply to an area of a district.