Hampton Bishop Parish Council v Herefordshire Council
The claim revolved around the grant of planning permission for a new rugby club and the construction of 200 homes. The claimant sought to quash the decision on the grounds that it had been made unlawfully. The claim was dismissed.
Hinckinbottom J noted that the ‘claim raises important issues relating to the principles of planning decision making in the context of a development plan, and their application to modern-day circumstances in which proposals for development are often sophisticated and complex, in both commercial and planning terms’.
There were a number of grounds of challenge. The one that deserves most interest related to the applicability of regulation 122 of the CIL regulations…
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Given the volume of planning decisions in the last six months or so, this paper is necessarily selective.
This article is designed to provide a practitioner’s guide to the principal types of enforcement mechanisms available for financial remedy orders.