Davey v Aylesbury Vale District Council & Anor [2005] EWHC 359 (Admin) (11 March 2005)

The Council's approach to enabling development, traffic and helicopter issues was rational, lawful, and based on expert advice; subsequent Section 106 undertakings rendered any procedural defects academic and not warranting relief.

Citation: [2005] EWHC 359 (Admin)
Parties: Claimant: Jonathan Davey; Defendant: Aylesbury Vale District Council; Interested Party: Mentmore Towers Limited
Jurisdiction: England and Wales
Judgment Date: 11 March 2005
Procedural Posture: Judicial Review / Final Judgment
Outcome: Claim dismissed
Legal Topics: Enabling Development, Listed Building Consent, Planning Permission, Material Considerations, Section 106 Agreements, Environmental Impact Assessment, Green Travel Plan, Helicopter Restrictions

Planning Law Administrative Law Enabling Development Listed Building Consent Planning Permission Material Considerations Section 106 Agreements Environmental Impact Assessment +2 more

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2 Amounts and remedies 1

Parties

Jonathan Davey

Claimant

Aylesbury Vale District Council

Defendant

Mentmore Towers Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Whether the Council's approach to enabling development was lawful
2 Whether failure to require a Green Travel Plan was unlawful
3 Whether failure to impose helicopter restrictions was unlawful

Ratio Decidendi

Court Disposition

Claim dismissed