000			02090cab a22002535a 4500
001			L147061
008			090327e20090305xxk f v 000 0 eng d
035			_a(Sirsi) u147061
041	0		_aeng
245	0	0	_aCapel Parish Council v Surrey County Council _h[electronic resource]
260			_c2009
520			_a[2009] EWHC 350 (Admin), 5 March 2009. Development plans may be overturned by the courts if they fail to include evidence of sustainability and nature conservation restraints. An applicant parish council (C) applied to the High Court quash a decision of the respondent local authority to include a brickworks waste disposal incinerator which was to be treated as a Greenfield site in C's area in the Waste Development Plan Documents. The Waste Plan had been submitted to the Secretary of State as per the Planning and Compulsory Purchase Act 2004 S20(1). Inspectors approved the plan applying guidance in planning policy statement 12 (PPS12). Held: application allowed. The guidance in PPS12 had been amended as it contained an error of law, but the inspectors wrongly applied the 'presumption of soundness' to the development plan documents as it existed at the time. Evidence of sustainability and nature conservation restraints should have been sought. Persimmon Homes (North East) Ltd v Blyth Valley BC applied. Accordingly, inclusion of the incinerator site in the plans had to be quashed and related planning permissions were also quashed.
590			_aKA
650	2	4	_aPERSIMMON HOMES(NORTH EAST) LTD V BLYTH VALLEY BC
650	2	4	_aPLANNING AND COMPULSORY PURCHASE ACT 2004
650	2	4	_aPLANNING POLICY STATEMENT 12
650	2	4	_aPLANNING POLICY STATEMENT 10
650	2	4	_aCAPEL PARISH COUNCIL V SURREY COUNTY COUNCIL
651		4	_aEngland and Wales _y1543-
690			_aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-DEVELOPMENT CONTROL-PLANNING APPLICATIONS
690			_aBUILT ENVIRONMENT-SUSTAINABLE CONSTRUCTION
856	4	0	_uhttps://www.bailii.org/uk/cases/EWHC/admin/2009/350.html/ _zView the report at www.bailii.org...
942			_n0
999			_c81370 _d81370