ABSTRACT
The dominance of the plan in determining proposals likely to gain planning permission has led to a greater number of challenges to the way in which the plan has been prepared and adopted by the planning authority. Interim arrangements allow for the carrying forward of old style structure plans, unitary development plans and district plans. The High Court determined that the local authority had erred in the question of whether to hold a second inquiry and in the decision that the proposed modifications should stand and that the members did not have their attention drawn to all the considerations that were relevant at that time. The appellants were clearly of the opinion that the amendment to the policy as recommended by the inspector should have been taken into account and would have enhanced their case for gaining planning permission and sought a judicial review.
