- Court of Appeal offers guidance on interpreting green wedge policies (Liverpool Open and Green Spaces Community Interest v Liverpool CC)
- What are the practical implications of this case?
- What was the background to the case?
- Factual background
- Legal and policy background
- What did the court find?
- Did the Council misinterpret Policy OE3?
- Did the Council fail to apply the duty in P(LBCA)A 1990), s 66(1)?
- Case details
Planning analysis: In Liverpool Open and Green Spaces Community Interest v Liverpool CC, the Court of Appeal concluded that the High Court was right to allow a challenge to planning permission for development within a green wedge, on the basis of the officer’s failure to deal with objections raised in consultation, which were a material consideration and a breach of the statutory duty to consider heritage impacts in determining a planning application. However, the Council’s appeal partially succeeded on the ground that the Council had not failed to interpret development plan policy on green wedges correctly. The decision provides important guidance on how decision-makers should interpret local planning policies in relation to green wedges.
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