Burge v South Gloucestershire Council

Town and Country Planning – Planning and Compulsory Purchase Act 2004, s.113 – Adopted policy not in accordance with inspector’s decision – Order to rectify non-compliance – Whether within scope of powers – Whether contrary to regime of public participation

Prescription – Right to park vehicles – Whether placing of notices by land owner sufficient to prevent acquisition of right – Whether further action required if user continues in fact of protest

Town and Country Planning – Green Belt – Assessment of openness – Visual impact only one of several considerations Court of Appeal

Town and Country Planning – Green Belt land – National Planning Policy Framework – Five-year housing supply – Decision based on erroneous information – Whether decision would inevitably have been the same regardless of the error

Town and Country Planning – Five-year housing land supply – Errors of law in inspector’s decision – Extent of court’s power to exercise discretion not to overturn decision

Planning (Listed Buildings and Conservation Areas) Act 1990, s.66(1) – Consideration of effects of noise and smell on a listed building and its setting – Whether evidence before planning committee was sufficient

Listed buildings – Open spaces – National Planning Policy Framework, para.74 – Failure to consult English Heritage – Failure to consult an interested non-statutory consultee – Whether Council misled by officer’s report – Exercise of court’s discretion because decision would not have been different

Proprietary estoppel – Payments made as contribution to living expenses – Whether assurances were clear and unambiguous – Whether a sufficient link was established between assurance relied on and the detriment suffered – Whether detriment suffered was more than insubstantial

Planning and Compulsory Purchase Act 2004, s.38(6) – Decision to be made in accordance with development plan – Green Belt policy – Strictness of wording – Senior Courts Act 1981, s.31(2A) – Discretion to refuse relief if decision would not have been different