Cases - Stringer v Minister of Housing and Local Government

Record details

Name

Stringer v Minister of Housing and Local Government

Date

[1971]

Citation

1 AII ER 65

Keywords

Planning control

Summary

The case concerned proposed development which could interfere with the reception of the radio telescope at Jodrell Bank. The developer claimed that to refuse permission in the interests of the telescope was to protect rights of a private character, but that planning decisions should protect only the public interest in the sphere of amenity.

Mr Justice Cooke said:

'... it seems to me that in considering an appeal the Minister is entitled to ask himself whether the proposed development is compatible with the proper and desirable use of other land in the area.'

'In principle, it seems to me that any consideration which relates to the use and development of land is capable of being a planning consideration. Whether a particular consideration falling within that broad class is material in any given case will depend on the circumstances.'

He therefore regarded the likelihood of interference with the telescope as both a planning consideration and a material consideration.