Planning Case Study: The primacy of the development plan

A recent case concerning wind farms has highlighted the importance of decision makers giving sufficient weight to the development plan, as Jennifer Holgate finds out

Cases Referenced

  • City of Edinburgh Council v Secretary of State for Scotland [1997] 1 WLR 1447
  • Clarke Homes Ltd v Secretary of State for the Environment [1993] 66 P&CR 263
  • East Northamptonshire District Council & ors v Secretary of State for Communities and Local Government & anor [2013] EWHC 473 (Admin)
  • R (Cala Homes (South) Ltd) v Secretary of State for Communities and Local Government (No 2) [2011] EWHC 97 (Admin)
  • Sea & Land Power & Energy Ltd v SSCLG et al [2012] EWHC 1419 (Admin)
  • Seddon Properties v Secretary of State for the Environment (1978) JPL 835
  • South Lakeland DC v Secretary of State for the Environment [1992] 2 AC 141
  • South Northamptonshire Council and Secretary of State for Communities and Local Government [2013] EWHC 11 (Admin)
  • Tesco Stores Ltd v Secretary of State for the Environment [1995] UKHL 22