Legal News

Court confirms wide discretion in planning enforcement matters (Dean Super Quarry)

Court confirms wide discretion in planning enforcement matters (Dean Super Quarry)
Published on: 27 January 2017
Published by: LexisPSL
  • Court confirms wide discretion in planning enforcement matters (Dean Super Quarry)
  • Original news
  • What is the significance of the decision for authorities and developers?
  • What was the factual background to the case?
  • Why did the court refuse permission for judicial review?

Article summary

Planning Analysis: In Dean Super Quarry, the court refused permission for judicial review of the perceived failure by Cornwall Council to take particular steps to enforce a breach of planning control. The decision upholds the principle that local planning authorities (LPAs) have wide discretion in deciding whether to take enforcement action against breaches of planning control and if so, what steps to take and when. The courts will not intervene unless extraordinary circumstances apply. or take a trial to read the full analysis.

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