Planning and Compulsory Purchase Act 2004
By Saskia Molecamp
In R (on the application of Hampton Bishop Parish Council) v Herefordshire Council & others (2013), the High Court addressed the proper interpretation to be given to section 38(6) of the Planning and Compulsory Purchase Act 2004, which requires that a determination made under the planning acts must be made in accordance with the development plan unless material considerations indicate otherwise.
A judgment (Colman v SoS for Communities and Local Government) that stated that it is a ‘fundamental and long-established principle of planning law that something identified as a “material consideration” is conceptually distinct from considerations identified in the development plan’…
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