South Gloucestershire Cc V (1) Secretary Of State For Communities And Local Government (2) Crest Nicholson (south West) Ltd And (3) Harcourt Developments ltd

摘要

Crest Nicholson (South West) Ltd and Harcourt Developments Ltd (the Developers) applied to South Gloucestershire CC (the Council") for planning permission for a substantial housing development on the outskirts of Bristol known as the Harry Stoke Development. It was a very substantial development roughly between the M32 and the M4 motorways. The land immediately to the east of that was the subject of the application was Green Belt. However, there was a proposal which was supported by the Council, for that land to cease to be Green Belt land and be made available for residential development. The Council did not determine the application so the Developers appealed to the Secretary of State. Following an inquiry, the Inspector recommended refusal of permission but the Secretary of State decided that permission should be granted. The Council challenged the decision under s.288 of the Town and Country Planning Act 1990 (the 1990 Act). The Developers applied to set aside the Council's claim. The application was made for summary judgment. Essentially it amounted to an application to strike out.