Wealden District Council v Martin Grant Homes Ltd & Anor

Wealden District Council v Martin Grant Homes Ltd & Anor

The Council retained the statutory discretion to withdraw the emerging local plan review during the transitional period of the 2004 Act. The transitional provisions did not remove or restrict this power. The Council’s decision was lawful and consistent with the objectives of the planning legislation.

Parties
Appellant: Wealden District Council; Respondent: Martin Grant Homes Ltd & Taylor Woodrow Developments Ltd; Intervener: First Secretary of State
Jurisdiction
England and Wales
Judgment Date
31 October 2005
Procedural Posture
Judicial Review / Appeal From Administrative Court
Outcome
Appeal allowed
Legal Topics
Local Plans, Statutory Interpretation, Transitional Provisions, Judicial Review
Administrative Law Planning Law Local Plans Statutory Interpretation Transitional Provisions Judicial Review

Case Brief

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Parties

Wealden District Council

Appellant

Martin Grant Homes Ltd & Taylor Woodrow Developments Ltd

Respondent

First Secretary of State

Intervener

Procedural Posture

Judicial Review / Appeal From Administrative Court

Legal Issues

  1. 1 Whether the Council had power to withdraw the emerging local plan review under the 1990 Act during the transitional period of the 2004 Act
  2. 2 Whether the transitional provisions in Schedule 8 of the Planning and Compulsory Purchase Act 2004 restricted or removed the Council’s power to withdraw the local plan review

Ratio Decidendi

The Council retained the statutory discretion to withdraw the emerging local plan review during the transitional period of the 2004 Act. The transitional provisions did not remove or restrict this power. The Council’s decision was lawful and consistent with the objectives of the planning legislation.

Court Disposition

Appeal allowed

Orders

  • Order of 4 March 2005 set aside
  • Application for judicial review dismissed