[2005] EWCA Civ 1221, 31 October 2005. Concerns the circumstances in which a local authority has the right to withdraw its local plan. Appeal by W against the quashing of its decision to abandon its emerging local plan review ([2005] EWHC 453 (Admin), (2005) 11 EG 180 (CS)). W had abandoned the process leading to the review of its existing local plan and decided instead to work towards producing the local development documents required under the Planning and Compulsory Purchase Act 2004. M, who wished to develop houses on land not allocated for development, applied successfully for judicial review of W's decision, arguing that the exceptional circumstances required for the withdrawal of the plan were not present in this case. "Held": appeal allowed. The existence of a power in the local authority to withdraw the emerging local plan was implicit in the scheme of the Town and Country Planning Act 1990. Nothing in Sched 8 para 10 to the 2004 Act restricted W's power to withdraw the revised plan before adoption and W had not acted contrary to the transitional provisions contained in para 10. M's application for judicial review was dismissed.