- Court of Appeal quashes neighbourhood plan in challenge to local green space policy (Lochailort Investments Ltd v Mendip DC)
- What are the practical implications of this case?
- What was the background?
- Legislative and policy background
- Factual background
- What did the court decide?
- Ground 1—failure to meet basic conditions
- Grounds 2 and 3—unlawful designation as LGSs
- Ground 4—misinterpretation of the strategic policies in the development plan
- Case details
Planning analysis: The Court of Appeal allowed an appeal against a challenge against Mendip District Council’s (Mendip) approval of Norton St Philip Neighbourhood Plan (the Plan). It found that one of the Plan’s policies in relation to local green spaces (LGSs) did not satisfy one of the basic conditions for neighbourhood plans, because it was inconsistent with national green belt policy.
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