- Applying the right planning policy—a question of law, not judgment (Ribble Valley BC v SSHCLG and Oakmere Homes (NW) Ltd)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Planning analysis: The court upheld a challenge to an inspector’s decision to grant planning permission for new housing development on the edge of Clitheroe, on the basis that the inspector misinterpreted the crucial development plan policy. The proposals were outside the development boundary for the town, which meant that the (more restrictive) countryside policy applied, not the policy governing proposals for new development ‘in’ the town. Whether a particular site was ‘in’ the town or not was not a matter of planning judgment. The inspector had therefore erred in law by applying the town policy to a countryside proposal. Written by Josef Cannon, barrister at Cornerstone Barristers, London.
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