The Public and Third Sector Law Reports
[2014] PTSR D14
Court of Appeal
Regina (Cherkley Campaign Ltd)
v
Mole Valley District Council
[2014] EWCA Civ 567
2014 March 11,
12;
May 7
Richards, Underhill, Floyd LJJ
Planning— Development— Local plan— Policies of local authority’s local plan saved beyond transitional period by direction of Secretary of State— Text supporting saved policy stating requirement to demonstrate “need” for new golf course— Local authority granting permission to develop new course— Whether supporting text saved with policy— Whether requirement of need in supporting text to be read into policy— Meaning of “need”— Whether local authority applying correct test—
Town and Country Planning Act 1990 (c 8), s 36
—
Planning and Compulsory Purchase Act 2004 (c 5), Sch 8, para 1(3)
—
Town and Country Planning (Development Plan) Regulations 1999 (SI 1999/3280), reg 7