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 [2014].

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’.