The Queen on the application of the Council for National Parks Ltd v the Pembrokeshire Coast National Park Authority and others
Language: English Publication details: 2005Subject(s):- R V PEMBROKESHIRE COAST NATIONAL PARK AUTHORITY AND OTHERS EX P NATIONAL PARKS LTD
- NATIONAL PARKS AND ACCESS TO THE COUNTRYSIDE ACT 1949
- TOWN AND COUNTRY PLANNING ACT 1990
- EDINBURGH CITY COUNCIL V SOS SCOTLAND
- SIMPSON V EDINBURGH CORPORATION
- BUCKLAND AND ANOTHER V SOS ENVIRONMENT, TRANSPORT AND THE REGIONS AND ANOTHER
- ENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-PLANNING GUIDANCE-LOCAL DEVELOPMENT PLANS
| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 130581-1001 |
[2005] EWCA Civ 888, 20 July 2005. Discussed what constitute the material considerations that allow a planning authority to deviate from a development plan. Appeal against an earlier ruling ([2004] EWHC 2907 Admin, Abs68760) on the grounds that as the benefits of the development of a holiday village would be local rather than national they did not to satisfy para GE4 of the Pembrokeshire Coast National Park Local Plan, the relevant development plan under the Town and Country Planning Act 1990 s54A. "Held": the appeal was dismissed as P was ruled to have considered the development plan but that there were other material considerations including the guidance given in "Planning policy Wales" and the National Parks and Access to the Countryside Act 1949 s11A. These required P to consider the impact of permitting or refusing the development on the local economy and to foster the economic wellbeing of local communities within the park. Appeal to allow full hearing in HL failed in November 2005.