Mark Jopling v (1) Richmond-Upon-Thames LBC (2) Secretary of State for Housing, Communities and Local Government and Quantum Teddington LLP

摘要

Richmond-Upon-Thames LBC ("the Council") included the proposed designation of a site known as "Udney Park Playing Fields" ("the Site") as Local Green Space within their draft Local Plan. The designation was made following an application to designate the Site as Local Green Space was made by the Claimant. During the examination of the local plan, the Inspector proposed a number of main modifications. The Inspector rejected the proposed designation of the Site as Local Green Space and the Council went on to adopt the plan with the modifications recommended by the Inspector. However, the Claimant alleged that the procedure was flawed for three reasons: (1) The main modifications as proposed by the Inspector and later circulated for consultation by the Council, did not make clear that they included the de-designation of the Site. Those in favour of retaining the designation were therefore not provided with an opportunity to make representations.