- 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
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.
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