Planning gain after the Tesco case

Journal of Planning and Environment Law

Volumn , Issue 3, 1996, Pages 183-193

  Mole, David ^a  

^a NONE

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EID: 9444243313     PISSN: 03074870     EISSN: None     Source Type: Journal    
DOI: None     Document Type: Article

References (52)

1. Town and Country Planning Act 1990, s.70(1).
2. Tesco Stores Ltd v. Secretary of State for the Environment [1995] 1 W.L.R. 759, per Lord Keith at 764G.
3. Pyx Granite v. Ministry of Housing [1958] 1 Q.C. 554, per Denning L.J. at 572.
4. Per Lord Dilhorne at p. 599.
5. See LCC v. Allen [1914] 3 K.B. 642.
6. See Henry L.J., Ex parte Crest Homes [1995] J.P.L. at 211.
7. Circ. 16/91, para. B6.
8. Town and Country Planning Act 1990, ss, 106A and 106B.
9. At p. 382.
10. See Ralph Gibson L.J. at p. 387.
11. This appears to involve an error of law. See Lord Keith in Tesco at p. 770D. It is an error that the Draft Revision of Circular 16/91, published on December 15, 1995, proposes to correct.
12. See Lord Hoffman in Tesco [1995] 1 W.L.R. 759 at 777 and PPG 1, para. 5.
13. See Town and Country Planning Act 1990, ss.70(2) and 54A.
14. See, e.g. R. v. Plymouth City Council (1993) 67 P. & C.R. 78 per Hoffman L.J. at p. 90.
15. The justification for that being that Sainsbury's store would be on land that was otherwise said to be needed for industrial purposes.
16. See the list of benefits at the back of the report; p. 92. Is this the only law report with a shopping list attached?
17. See Evans L.J. at p. 84.
18. Policy IMP1, set out at [1995] J.P.L. 203.
19. Henry L.J. gave the judgment of the Court, with which Simon Brown and Neill L.JJ. agreed.
20. p. 209.
21. Ar p. 208.
22. The Secretary of State obviously feels sufficiently nervous about the encouragement Local Authorities may get from this case to sound a cautionary note about it in the Draft Revision of Circ. 16/91; see para. 19, note.
23. See Tesco per Lord Hoffman at p. 782.
24. Counsel at the inquiry was Roy Vandermeer Q.C.
25. Mrs S. Hesketh.
26. See Lord Keith at pp. 770A-771B.
27. This was conceded on behalf of the Secretary of State by Duncan Ouseley Q.C. but, as noted above, the possible slip is to be corrected in the new version of the Circular.
28. Why? See below.
29. p. 764G.
30. Lord Keith at p. 769B.
31. See p. 780A-E.
32. p. 771D.
33. p. 772.
34. p. 777A.
35. From "Going, Going". This has provoked an outburst of Larkin quotin' (see [1995] J.P.L. 603) which I shall not join in. Indeed those of us who have to interpret the decisions of the House of Lords must set aside any unworthy thought that Larkin's "This be the Verse" sometimes seems strangely apt, mutatis mutandis.
36. At p. 778H.
37. By Christopher Lockhart-Mummery Q.C.
38. p. 780.
39. p. 780H.
40. Is not this a much stronger reason for not doing it than the supposed difficulties of the Court's making planning judgments? Cf. Purdue in [1995] J.P.L. 603.
41. Lord Keith at p. 769B.
42. Lord Keith at p. 770B.
43. But cf. Lord Keith at p. 770E, discussed below.
44. p. 770D.
45. For example, "We acknowledge that the proposed Gypsy Caravan site is inappropriate development in the green belt, but if it is approved we shall clear up the sites of several unauthorised (but, in practical terms, immune) encampments, so more benefit will result on balance."
46. Lord Hoffman at p. 783C.
47. Sec Crest [1995| J.P.L., per Henry L.J. at p. 205.
48. Tcsco, p. 764G.
49. Yolanda Rizzi, of the DoE Development Control Division, at the Planning Law Conference on December 13, 1995.
50. Draft Revision of December 15, 1995, para. 27.
51. But see n.22 above.
52. Town and Country Planning Act 1990, s.43(4); or to call-in, s.44. See also PPG 12, Annex A, paragraphs 71-76.