R (on the application of Bewley Homes plc and others) v Waverley Borough Council

Town and country planning – Development. As an examiner's examination and report had been lawful, the defendant local planning authority had been entitled to rely upon his recommendations in having decided, pursuant to para 12 of Sch 4B to the Town and Country Planning Act 1990, that the draft neighbourhood development plan had met the basic conditions in para 8(2) and should be put to a referendum. Accordingly, the Planning Court dismissed the judicial review proceedings issued by the claimant housing developers, whose sites had not been allocated for housing by the plan.

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