Samuel Smith Old Brewery (Tadcaster) v Selby District Council

Samuel Smith Old Brewery (Tadcaster) v Selby District Council

The duty to co-operate under section 33A of the Planning and Compulsory Purchase Act 2004 is engaged only during the preparation of a development plan document and not during the examination stage, including any suspension or adjournment for further work or modifications. The statutory scheme does not support the extension or revival of the duty to co-operate after submission for examination.

Parties
Appellant: Samuel Smith Old Brewery (Tadcaster); Respondent: Selby District Council
Jurisdiction
England and Wales
Judgment Date
05 November 2015
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Duty to Co Operate, Development Plan Documents, Statutory Interpretation, Localism Act 2011, Planning and Compulsory Purchase Act 2004
Planning Law Administrative Law Duty to Co Operate Development Plan Documents Statutory Interpretation Localism Act 2011 Planning and Compulsory Purchase Act 2004

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Parties

Samuel Smith Old Brewery (Tadcaster)

Appellant

Selby District Council

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the duty to co-operate under section 33A of the Planning and Compulsory Purchase Act 2004 applies to work undertaken by a local planning authority during the suspension of an independent examination after submission of a development plan document but before adoption.

Ratio Decidendi

The duty to co-operate under section 33A of the Planning and Compulsory Purchase Act 2004 is engaged only during the preparation of a development plan document and not during the examination stage, including any suspension or adjournment for further work or modifications. The statutory scheme does not support the extension or revival of the duty to co-operate after submission for examination.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.