000			02008cab a2200217 4500
001			##L131544
008			051114n2005 000 0 eng u
035			_a(Sirsi) u131544
041	0		_aeng
245	0	0	_aWealden District Council v Martin Grant Homes Ltd and others
260			_c2005
520			_a[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.
590			_aIKA221105
650	2	4	_aTOWN AND COUNTRY PLANNING ACT 1990
650	2	4	_aPLANNING AND COMPULSORY PURCHASE ACT 2004 SCHED 8 PARA 10
650	2	4	_aPERSIMMON HOMES (THAMES VALLEY) LTD V NORTH HERTFORDSHIRE DC
650	2	4	_aWEALDEN DC V MARTIN GRANT HOMES LTD AND OTHERS
690			_aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-PLANNING GUIDANCE-LOCAL DEVELOPMENT PLANS
856	4	0	_uhttps://www.bailii.org/ew/cases/EWCA/Civ/2005/1221.html _zView the judgment free of charge at www.bailii.org...
942			_n0
999			_c76154 _d76154