Mansell v Tonbridge and Malling Borough Council

Town and country planning – Change of use. The trial judge had been correct in not quashing the local planning authority's grant of planning permission for the redevelopment of the site of a large barn and a bungalow to provide four dwellings. The Court of Appeal, Civil Division held that the authority had not misdirected itself in considering a 'fallback position' available to the landowner, and also that it had not misapplied the 'presumption in favour of sustainable development' in the National Planning Policy Framework.

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