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What's the alternative?

By: Series: Estates Gazette ; (0410) 6 March 2004, 176-177(2)Publication details: 2004Subject(s): Summary: Discusses recent case law looking at whether alternative sites are material in an application for planning permission. "Trust House Forte Hotels Ltd v SoS Environment and another" ([1986] JPL 834) established three basic principles: i) that where a site can be developed in a way that is satisfactory in terms of planning, alternative sites would not have to be considered, ii) alternative sites may be considered where there are planning objections and iii) the planning authority may reasonably conclude that alternatives do exist even if they are not identified. "R v Mansfield DC ex p Jones" ([2003] EWCA Civ 1408, [2003] PLSCS 227) left open the possibility of refusing an application on the basis that a better alternative site was available. "Phillips v First SoS" ([2003] EWHC 2415 (Admin), [2003] 44 EG 169 (CS)) sets out how planning authorities should deal with any development where planning policies require a consideration of alternative sites.
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article ABS67652 (Browse shelf(Opens below)) 1 Available 125739-1001

Discusses recent case law looking at whether alternative sites are material in an application for planning permission. "Trust House Forte Hotels Ltd v SoS Environment and another" ([1986] JPL 834) established three basic principles: i) that where a site can be developed in a way that is satisfactory in terms of planning, alternative sites would not have to be considered, ii) alternative sites may be considered where there are planning objections and iii) the planning authority may reasonably conclude that alternatives do exist even if they are not identified. "R v Mansfield DC ex p Jones" ([2003] EWCA Civ 1408, [2003] PLSCS 227) left open the possibility of refusing an application on the basis that a better alternative site was available. "Phillips v First SoS" ([2003] EWHC 2415 (Admin), [2003] 44 EG 169 (CS)) sets out how planning authorities should deal with any development where planning policies require a consideration of alternative sites.