000 02347cam a2200361 4500
001 ABS67754
008 040423n2004 000 0 eng u
035 _a(Sirsi) u125931
245 _aR (on the application of Cherwell District Council) v First Secretary of State and another
260 _c2004
490 _aEstates Gazette
_v[2004] 16 EG 111(1) (CS))
520 _a[2004] EWHC 724 (Admin), 6 April 2004. Claimant local authority (C) sought to quash the decision of the defendant F approving a development by the Home Office for an accommodation centre for asylum seekers in a rural location in Oxfordshire. The Home Office was to retain ownership of the site with a lease granted to a private contractor on a design, build and operate basis. An agreement enabling the Crown to lease the land to the contractor with the benefit of planning permission was entered into under the Town and Country Planning Act 1990 s299A. The background to the decision is explained in paras 1-9 of the judgment. Claimant C challenged S's decision on seven separate points arguing that S had erred in law in allowing the development to go ahead. Full details of the arguments for challenging the decision and the Court's reasons for upholding it are explained in full in paras 10-42. Decision upheld on the basis that C had failed to establish that F had erred in law. C is planning to appeal to the CA against decision. View judgment at www.courtservice.gov.uk.
590 _aABS
590 _aABS
650 _aCROWN IMMUNITY
650 _aDESIGN BUILD AND OPERATE
650 _aASYLUM SEEKERS
650 _aR V FIRST SOS AND ANOTHER EX P CHERWELL DC
650 _aPLANNING PERMISSION
650 _aTOWN AND COUNTRY PLANNING ACT 1990 PART XIII
650 _aFREEHOLD INTEREST
650 _aLORD ADVOCATE V DUMBARTON DC
650 _aCROWN LANDS
650 _aDOE CIRCULAR 18/1994
650 _aRURAL DEVELOPMENT
650 _aNATIONAL PLANNING POLICY
650 _aSEQUENTIAL TEST
650 _aERROR IN LAW
690 _aPLANNING-CASE LAW
856 _uhttps://www.courtservice.gov.uk/judgmentsfiles/j2469/cherwell-v-sshd.htm
_zView judgment on the Court Service website...
856 _uhttps://www.courtservice.gov.uk/judgmentsfiles/j2469/cherwell-v-sshd.htm
_zView judgment on the Court Service website...
942 _n0
999 _c117233
_d117233