Cases - Sefton Metropolitan Borough Council v Secretary of State for Environment, Transport and the Regions

Record details

Name

Sefton Metropolitan Borough Council v Secretary of State for Environment, Transport and the Regions

Date

[2002]

Citation

EWHC 119

Keywords

Planning control

Summary

Mr Justice Ouseley said:

'If an Inspector interprets the word "normal" as meaning that a proposal can accord with a plan because of the effect of other material considerations, that, in my judgment, is an error of law. Such an approach would mean the rest of section 54A after "the development plan" would have no role. The words "other material considerations indicating otherwise" would all fall to be dealt with as part of the first stage in the decision making process, i.e. considering whether the proposal accorded with the development plan ...'

However, Mr Justice Ouseley recognised it might be different if specific exceptions are spelled out in the plan, and the proposal falls within one of them:

'It may be the case that if the content of the exceptional circumstances ... are spelled out, with specific planning aims attached to them, the satisfaction of those exceptional circumstances may mean that a proposal accords with the policy and the plan.'