Interesting to see a couple of the reasons why a recent decision of a council to grant residential planning permission next to a nightclub was turned down:
The officers who drafted the report to committee had failed to relay relevant concerns of specialist noise officers to members, so that the overall effect of the report ‘significantly misled’ the committee on material matters.
Having resolved to grant planning permission with specific conditions identified, officers unlawfully changed the wording of the conditions without returning the matter to committee. Stewart J held, having considered the case of Couves [2015] EWHC 504 (Admin) and Kides [2002] EWCA Civ 1370, that officers had no power in this instance to redraft the conditions which had been specified in the resolution.
http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=24310:noises-off&catid=63&Itemid=31
May 2001. Supermarkets next to Exmouth Town Centre. Devon Structure Plan (E20) said “must ensure they would not adversely affect vitality and viability of an existing shopping centre”
EDDC said “we don’t have to consider this, it is not a planning matter”. County Solicitor said “yes they do”.
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