Louise Bowen-West v Secretary of State for Communities and Local Government and Northamptonshire CC and Augean Pic

摘要

Comment: This decision is something of a set-back to those seeking to challenge "Trojan horse" applications (that is to say those which seek to establish a planning principle in anticipation of a much larger scheme). The Deputy Judge in this instance found the Inspector to have recommended the scheme for approval having had regard to the likely precedent but noted that there were no proposals for a future scheme and as such, the decision had "no taint of irrationality" at [57]. Distinguishing the instant case as a "stand alone project" from that in Brown, it would appear to be lawful to disregard fairly developed future proposals provided they form part of a separate development and are not "an integral element of a comprehensive scheme" at [44].