000 02597cad a22002895a 4500
001 L144654
008 080804e20080704xxk f v 000 0 eng d
035 _a(Sirsi) u144654
041 0 _aeng
245 0 0 _aAssociated British Ports v Hampshire County Council & Ors
_h[electronic resource]
260 _c2008
520 _a[2008] EWHC 1540 (Admin), 4 July 2008. An inspector should have found that the parts of the Hampshire minerals and waste core strategy relating to wharves did not satisfy the requirements of the Planning and Compulsory Purchase Act 2004. Several considerations that contributed to his decision not to recommend safeguarding land at Dibden Bay from development should not have been relied on and this in turn undermined the modifications he recommended to making parts of the core strategy sound. Claimant port operator (P) claimed that the local core strategy was not sound. P held that, while the strategy found a need for crushed rock, it didn't identify Dibden Bay as a possible location. The inspector involved had relied wrongly on considerations that land at Dibden Bay need not be safeguarded from inappropriate development and procedural shortcomings were also alleged, with P not being told of several relevant documents. Held: core strategy did not follow guidance in PPS12 that required Hampshire's crushed rock needs to be met. By putting off this question the core strategy also ended up neglecting the requirement of PPS12 to plan for at least the next 10 years. Final findings that while there had been a failure to comply with the procedural requirement to act fairly, the failure would not have affected the inspector's report and did not substantially prejudice P.
590 _aKA
650 2 4 _aPLANNING AND COMPULSORY PURCHASE ACT 2004
650 2 4 _aPLANNING POLICY STATEMENT 12
650 2 4 _aR V SECRETARY OF STATE FOR THE ENVIRONMENT EX PARTE SLOT
650 2 4 _aTOWN AND COUNTRY PLANNING ACT 1990 S262(1)
650 2 4 _aTOWN AND COUNTRY PLANNING (LOCAL DEVELOPMENT) (ENGLAND) REGULATIONS 2004 (SI 2204/2004)
650 2 4 _aASSOCIATED BRITISH PORTS V HAMPSHIRE COUNTY COUNCIL AND ORS
650 2 4 _aCARPETS OF WORTH LTD V WYRE FOREST DISTRICT COUNCIL
650 2 4 _aHARBOUR DOCKS AND PIERS CLAUSES ACT 1847
650 2 4 _aMINERALS POLICY STATEMENT 1: PLANNING AND MATERIALS
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-PROPERTY APPRAISAL AND VALUATION-COMPENSATION VALUATION
856 4 8 _uhttps://www.bailii.org/ew/cases/EWHC/Admin/2008/1540.html
_zView the item free of charge online at www.bailii.org...
942 _n0
999 _c80532
_d80532