Gary Grant of Kings Chambers successfully opposes Lichfield local plan challenge
Gary Grant of Kings Chambers has appeared for the successful local planning authority in I.M. Properties Development Ltd v Lichfield District Council .
Mrs Justice Patterson, sitting in the Planning Court in Birmingham recently clarified the ambit of challenge, which prevents judicial review to a local plan under examination other than pursuant to section 113 of the Planning and Compulsory Purchase Act 2004.
The case also confirms that the proper application of the ‘exceptional circumstances’ test for release of land from the Green Belt remains a planning judgment for the Plan Making Authority and there was no requirement to address a ‘falsification doctrine’.
News from Kings Chambers
Briefings from Kings Chambers
Collins J refuses permission for judicial review and rules that the legislation is badly drafted and contains a lacuna.
In the months since the landmark decision of the Supreme Court in Cheshire West, the courts have continued to put into effect Lady Hale’s ‘acid test’.
Analysis from The Lawyer
The effects of recent changes to civil litigation are only just beginning to be felt, but barristers in the regions have several reasons to be cheerful