Legal News

Court upholds rights of entry under the Planning Act 2008 (Dowley v CLG)

Court upholds rights of entry under the Planning Act 2008 (Dowley v CLG)
Published on: 21 October 2016
Published by: LexisPSL
  • Court upholds rights of entry under the Planning Act 2008 (Dowley v CLG)
  • Original news
  • What is the significance of the decision?
  • What is the statutory background to the case?
  • What was the factual background to the case?
  • What were the grounds of challenge?
  • Why did the court dismiss the appeal?
  • Potential business losses were a matter for the UT, not the SoS
  • SoS had adequately considered reasonableness of negotiations
  • No unfair restriction on assessment period

Article summary

Planning Analysis: In Dowley v CLG, the court dismissed a claim for judicial review of a decision pursuant to the Planning Act 2008 (PA 2008) to authorise a party to enter onto land for site investigation prior to the construction of a new nuclear power station. The decision clarifies the scope of the Secretary of State’s duties in making the decision and confirms that compensation issues were compatible with human rights legislation. or take a trial to read the full analysis.

Popular documents