Portsmouth Water plc v SoS Environment
Language: English Series: Property and Compensation Reports ; (1993) 66 P&CR 410-421(6)Publication details: 1993Subject(s): Summary: QBD 5 April 1993. P applied for permission to build premises in an area set aside by the Local Plan as `coast and countryside`. Permission was refused. P appealed to the SoS. Following public inquiry the Inspector favoured approval. SoS in his deliberation had to consider whether para (d) of Proposal B11 of the Plan was applicable to the development and thus exempted it. S rejected the appeal without giving P the opportunity to make further representation. P contested the decision on procedural grounds. At issue was whether the decision had been on fact or opinion and therefore whether Town & Country Planning (Inquiries Procedure) Rules 1988 rule 16(4) applied. "Held" that it did not and dismissed appeal.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS49866 (Browse shelf(Opens below)) | 1 | Available | 73096-1001 |
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QBD 5 April 1993. P applied for permission to build premises in an area set aside by the Local Plan as `coast and countryside`. Permission was refused. P appealed to the SoS. Following public inquiry the Inspector favoured approval. SoS in his deliberation had to consider whether para (d) of Proposal B11 of the Plan was applicable to the development and thus exempted it. S rejected the appeal without giving P the opportunity to make further representation. P contested the decision on procedural grounds. At issue was whether the decision had been on fact or opinion and therefore whether Town & Country Planning (Inquiries Procedure) Rules 1988 rule 16(4) applied. "Held" that it did not and dismissed appeal.