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W H Tolley & Son Ltd v SoS Environment and Torridge DC

Language: English Series: Property, planning & compensation reports ; [1998] 75 P&CR 533-537(5)Publication details: 1998Subject(s): Summary: QBD 20 May 1997. W H Tolley & Son Ltd (T) was granted temporary planning permission in respect of a builders yard on the basis that T intended to relocate. The site adjoined a residential estate, with access via an estate road which narrowed as it approached the site. T did not relocate and after the temporary permission expired applied to carry out some development on the site, which was refused. An appeal was also refused. T applied for the inspectors decision to be quashed on the grounds that no justification had been given for an increase in traffic flows and no allowance had been made for the reduction in noise and visual effects resulting form operation within a workshop rather than an open site. "Held" the Inspector had omitted no material consideration and had given sufficiently clear reasons for his decision. Appeal dismissed.
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Law report London Journal article ABS58941 (Browse shelf(Opens below)) 1 Available 87091-1001

QBD 20 May 1997. W H Tolley & Son Ltd (T) was granted temporary planning permission in respect of a builders yard on the basis that T intended to relocate. The site adjoined a residential estate, with access via an estate road which narrowed as it approached the site. T did not relocate and after the temporary permission expired applied to carry out some development on the site, which was refused. An appeal was also refused. T applied for the inspectors decision to be quashed on the grounds that no justification had been given for an increase in traffic flows and no allowance had been made for the reduction in noise and visual effects resulting form operation within a workshop rather than an open site. "Held" the Inspector had omitted no material consideration and had given sufficiently clear reasons for his decision. Appeal dismissed.