Cases - Alnwick District Council v Secretary of State for the Environment

Record details

Name
Alnwick District Council v Secretary of State for the Environment
Date
[1999]; [1999]
Citation
EWHC Admin 782; 4 PLR 43
Legislation
Keywords
Planning control
Summary

Alnwick District Council had granted outline planning permission for up to 4,654 square metres of class A1 use, mistakenly believing they were granting permission for 3,252 square metres. The Secretary of State modified the permission by deleting the class A1 use. This would result in Safeway having a claim for compensation from the Council in excess of £4m and would mean that a planned leisure facility could not go ahead. The Council claimed that the inspector, on whose report the Secretary of State's decision was based, had erred in law in disregarding the financial consequences of making the order. The court rejected this claim. The compensation is not a land use planning matter.