Hallam Land Management Ltd v Secretary of State for Communities and Local Government and Eastleigh BC

摘要

The appellant appealed against the order of Supperstone J dismissing its application under the Town and Country Planning Act 1990 ("the 1990 Act") s.288 by which it had challenged the decision of the Secretary of State dismissing an appeal under s.78 of the 1990 Act. The s.78 appeal was against the refusal by Eastleigh BC ("the Council") of planning permission for a development of up to 225 dwellings, a 60-bed care home and 40 care units, the provision of public open space and woodland and improvements to Hamble Station on land in Hamble. The site of the proposed development was not within any settlement, nor allocated for development in the Eastleigh Borough Local Plan. Because it was in the countryside the site was protected by Policy 1 .CO of the local plan. The site also lay within the Bursledon, Hamble, Netley Abbey Local Gap and had the protection of Policy 3.CO of the local plan.