R (Martin Grant Homes Ltd and Another) v Wealden District Council
| Jurisdiction | England & Wales |
| Judgment Date | 04 March 2005 |
| Neutral Citation | [2005] EWHC 453 (Admin) |
| Date | 04 March 2005 |
| Court | Queen's Bench Division (Administrative Court) |
QUEEN'S BENCH DIVISION
Before Mr Justice Collins
Planning - statutory planning process - council must follow transitional provisions
Where, before the coming into force of the Planning and Compulsory Purchase Act 2004, a local planning authority had published proposals for the replacement of its local plan, had deposited those plans for inspection and had received representations which necessitated a local inquiry under the previous statutory scheme, the authority was not entitled to abandon the proposed new local plan, but was required to proceed with the statutory planning process.
Mr Justice Collins so held in a reserved judgment in the Queen's Bench Division, granting a judicial review claim by Martin Grant Homes Ltd and Taylor Woodrow Developments Ltd and quashing the decision of Wealden District Council on May 19, 2004 to abandon its emerging draft local plan.
Mr Peter Village, QC and Mr Robert White for the claimants; Mr Richard Drabble, QC and Mr James Maurici for the council.
MR JUSTICE COLLINS said that the relevant provisions of the 2004 Act came into force on September 29, 2004. The transitional provisions in paragraphs 8, 9 and 10 of Schedule 8 to the 2004 Act were of central importance.
They provided that if an emerging local plan had not reached the stage where, in accordance with section 40(2) of the Town and Country Planning Act 1990, copies had been made available for inspection, the process had to be halted: see paragraph 8.
If the authority was not required to conduct an inquiry under section 42(1) of the 1990 Act, or before the commencement of Part 2 of the 2004 Act an inspector had been appointed to hold an inquiry, then the local planning process continued under Chapter 2 of Part 2 of the 1990 Act: see paragraph 9. That was not the position in the present case because no inspector had yet been appointed.
Paragraph 10 was material in the present case, with the result that Chapter 2 of Part 2 of the 1990 Act continued to have effect subject to the modifications in subparagraphs...
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