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The Bluestone holiday complex judgment: its implications for national parks and local plans

Contributor(s): Series: Planning (for the Natural and Built Environment) ; (1605) 4 February 2005, 18(1) | Green Places ; (12) February 2005, 16-17(2)Publication details: 2005Subject(s): Summary: Pembrokeshire Coast National Park Authority's controversial decision to grant planning permission for the Bluestone holiday village near Narberth was upheld by the HC in late December 2004 ([2004] EWHC 2907 (Admin), Abs68760). In "Park ruling sets precedent" Mark Harnett analyses this judgment, which allows the first major development of its kind in a national park, sets a dangerous precedent and seriously undermines the protection of national parks. The main thrust of the legal challenge brought by the Council of National Parks (CNP) against the authority's decision was that it had failed to comply with the Town and Country Planning Act 1990 s54A (now enshrined in the Planning and Compulsory Planning Act 2004 s38(6)). The park authority's local plan stipulated that major development would only be permitted in exceptional circumstances where public interest is served and where there is an overriding national need. The judge ruled that the local economic case remained a valid consideration, which could as such form the basis for approval of the scheme. Concludes that this case is of general importance as it calls into question the authority of the wording of development plan policies. The CNP is seeking permission to challenge the decision in the CA. The "Green Places" article showcases contrasting viewpoints on the case from a CNP representative, a tourism expert and Bluestone the developer.
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Journal article London Journal article ABS68761 (Browse shelf(Opens below)) 1 Available 128808-1001

Pembrokeshire Coast National Park Authority's controversial decision to grant planning permission for the Bluestone holiday village near Narberth was upheld by the HC in late December 2004 ([2004] EWHC 2907 (Admin), Abs68760). In "Park ruling sets precedent" Mark Harnett analyses this judgment, which allows the first major development of its kind in a national park, sets a dangerous precedent and seriously undermines the protection of national parks. The main thrust of the legal challenge brought by the Council of National Parks (CNP) against the authority's decision was that it had failed to comply with the Town and Country Planning Act 1990 s54A (now enshrined in the Planning and Compulsory Planning Act 2004 s38(6)). The park authority's local plan stipulated that major development would only be permitted in exceptional circumstances where public interest is served and where there is an overriding national need. The judge ruled that the local economic case remained a valid consideration, which could as such form the basis for approval of the scheme. Concludes that this case is of general importance as it calls into question the authority of the wording of development plan policies. The CNP is seeking permission to challenge the decision in the CA. The "Green Places" article showcases contrasting viewpoints on the case from a CNP representative, a tourism expert and Bluestone the developer.