Residential development — Earlier decision regarding development on same site acceptable in principle — Problems regarding scheme and highway improvements needing to be overcome — Subsequently local plan adopted with appeal site outside boundary of settlement — Applications being refused on that ground — Whether change of policy outweighing earlier decision in principle — Whether application to quash should be refused — Application refused
The local planning authority (the second respondents) had refused planning permission for residential development of 16 ha (39.5 acres) at Towyn, Clwyd. In July 1988 the Secretary of State for Wales dismissed an appeal against refusal to allow residential development on the same site. While agreeing with his inspector that such development was acceptable in principle, but that problems needed to be overcome involving a comprehensive scheme to be carried out in controlled stages and highway improvements which were required to be agreed with the highway authority.
In 1989, according to the draft local plan, the appeal site was outside Towyn’s settlement limits and not allocated for housing development. However, the local plan inspector expressly recommended that in future applications for the site, the views of the 1988 decision letter should be kept in mind. In 1990 the local plan was adopted. In 1991, section 54A of the Town and Country Planning Act 1990 (as amended) came into force requiring determination in accordance with the development plan unless material considerations determined otherwise. In January 1992 a PPG7 — The Countryside and Rural Economy, was issued which stated that the countryside should be safeguarded for its own sake. The renewed applications for planning permission in 1992 and 1993 were refused on another ground, namely that the site was outside the adopted settlement boundary. The application was made to the High Court to quash the refusal.
Held The application was refused.
1. The applicant was understandably aggrieved that on two occasions in 1988 and 1989, development of the appeal site was apparently given the green light subject to conditions which had now been overcome to the satisfaction of the local authority.
2. While that grievance was understandable there had been substantial changes since 1988 and the decision had to be considered in the light of those changes.
3. The coming into force of section 54A of the Town and Country Planning Act 1990 was fundamental. The adoption of the local plan was also fundamental (little weight had been given to it in 1988) and it was specifically stated as national policy that the countryside had to be protected for its own sake (the predecessor policy in 1988 had been to protect countryside because it had particular attributes).
4. The 1988 acceptance in principle of residential development was taken under different circumstances. By 1994 the local plan had been adopted with a presumption against development, with a statutory requirement to determine in accordance with that policy, unless circumstances indicated otherwise. By 1994 there was very little to indicate otherwise.
Andrew Kelly (instructed by Sharpe Pritchard, London agents for Gamlins Storrar & Cowdry, of Ryhl) appeared for the applicants; Christopher Katkowski (instructed by the Treasury Solicitor) appeared for the Secretary of State for Wales; the second respondents, Colwyn Borough Council, did not appear and were not represented.
