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Town and country planning – Planning authority. The defendant local authority designated a neighbourhood area for the claimant neighbourhood forum less than it had sought. The judge dismissed the claimant's application for judicial review and it appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held that the discretion conferred by s 61G(5) of the Town and Country Planning Act 1990 to decide what was an appropriate area to be designated as a neighbourhood area was not confined to a discretion to decide within which neighbourhood area any given site was to be included.
Town and country planning – Planning authority. The defendant local authority designated a neighbourhood area for the claimant neighbourhood forum less than it had sought. The judge dismissed the claimant's application for judicial review and it appealed. The Court of Appeal, Civil Division, in dismissing the appeal, held that the discretion conferred by s 61G(5) of the Town and Country Planning Act 1990 to decide what was an appropriate area to be designated as a neighbourhood area was not confined to a discretion to decide within which neighbourhood area any given site was to be included.
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