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Green belt development upheld despite incorrect advice

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Published on: 05 February 2016

Published by a LexisNexis Environment expert

Table of contents

Original news
What was the background to the case?
Why did the court dismiss the appeal?
What are the implications of the decision for LPAs and developers?

Article summary

Planning analysis: Why did the Court of Appeal dismiss an appeal against an authority’s decision to allow development in the green belt, where it had followed incorrect advice? The court’s finding in R (on the application of Smech Properties Ltd) v Runnymede Borough Council and others shows that if planning permission would inevitably have been granted on the basis of local plan policy, irrelevant flaws in the local planning authority’s (LPAs) decision-making procedure may not affect the validity of the decision.

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