IM Properties Development Ltd v Lichfield District Council [2016] EWCA Civ 257 (25 February 2016)

IM Properties Development Ltd v Lichfield District Council [2016] EWCA Civ 257 (25 February 2016)

The modifications to the local plan were within the statutory scope of section 20, exceptional circumstances for Green Belt removal were properly identified as a matter of planning judgment, and the process was fair, affording the applicant adequate opportunity to present its case.

Citation
[2016] EWCA Civ 257
Parties
Claimant/applicant: IM Properties Development Ltd; Defendant/respondent: Lichfield District Council
Jurisdiction
England and Wales
Judgment Date
25 February 2016
Procedural Posture
Judicial Review / Renewed Oral Application for Permission to Appeal
Outcome
Application for permission to appeal dismissed
Legal Topics
Local Plan Adoption, Green Belt Modification, Judicial Review Procedure
Planning Law Administrative Law Local Plan Adoption Green Belt Modification Judicial Review Procedure

Case Brief

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Parties

IM Properties Development Ltd

Claimant/applicant

Lichfield District Council

Defendant/respondent

Procedural Posture

Judicial Review / Renewed Oral Application for Permission to Appeal

Legal Issues

  1. 1 Whether modifications to the local plan exceeded statutory powers under section 20 of the Planning and Compulsory Purchase Act 2004
  2. 2 Whether exceptional circumstances existed to justify removal of sites from the Green Belt
  3. 3 Whether the process was procedurally unfair to the applicant

Ratio Decidendi

The modifications to the local plan were within the statutory scope of section 20, exceptional circumstances for Green Belt removal were properly identified as a matter of planning judgment, and the process was fair, affording the applicant adequate opportunity to present its case.

Court Disposition

Application for permission to appeal dismissed