Cases - Thanet District Council v Ninedrive Ltd
Record details
- Name
- Thanet District Council v Ninedrive Ltd
- Date
- [1978]
- Citation
- 1 AII ER 703
- Legislation
- Keywords
- Planning control - General Development Order 1977
- Summary
-
The defendants wished to hold a Sunday market on land at an old airfield. Class IV of the General Development Order 1977 permitted the use of land for markets for not more than 14 days in any calendar year. So the local planning authority made an order under article 4 removing this permitted development right in respect of the land at the airfield. Article 4 directions relating to Classes I-IV within a specified area did not require the Secretary of State's approval, but approval was needed to prohibit particular development. The defendants claimed that approval was required because the order was a direction that particular development should not be carried out.
Mr Justice Walton said:
'... the planning authority may either ban all or any development or ban a specific development, that is to say, it can either sweep the board clean or be as extremely selective as it chooses.'
The direction was clearly restricted to a particular area, so approval was not required.