IM Properties Development Ltd v Lichfield District Council

IM Properties Development Ltd v Lichfield District Council

The modifications to the local plan were within statutory powers, exceptional circumstances for Green Belt removal were properly identified, and the process was fair; therefore, there was no real prospect of success on appeal.

Parties
Applicant: IM Properties Development Ltd; 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 dismissed
Legal Topics
Local Plan Adoption, Modification of Local Plans, Green Belt Removal, Exceptional Circumstances, Procedural Fairness
Administrative Law Planning Law Local Plan Adoption Modification of Local Plans Green Belt Removal Exceptional Circumstances Procedural Fairness

Case Brief

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Parties

IM Properties Development Ltd

Applicant

Lichfield District Council

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 statutory powers, exceptional circumstances for Green Belt removal were properly identified, and the process was fair; therefore, there was no real prospect of success on appeal.

Court Disposition

application dismissed

Orders

  • Permission to appeal refused