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Town and country planning – Permission for development. The claimant applied to quash the decision of the inspector appointed by the first defendant Secretary of State, refusing planning permission for the erection of a wind turbine. The Planning Court, in dismissing the application, held that the inspector had been entitled to take into account views from a heritage asset, although its windows were bricked up and it was inaccessible. Further, the absence of an express finding, under s 38(6) of the Planning and Compulsory Purchase Act 2004, had made no difference, as there would have been no statutory presumption under s 38(6) of the Act in favour of development.
Town and country planning – Permission for development. The claimant applied to quash the decision of the inspector appointed by the first defendant Secretary of State, refusing planning permission for the erection of a wind turbine. The Planning Court, in dismissing the application, held that the inspector had been entitled to take into account views from a heritage asset, although its windows were bricked up and it was inaccessible. Further, the absence of an express finding, under s 38(6) of the Planning and Compulsory Purchase Act 2004, had made no difference, as there would have been no statutory presumption under s 38(6) of the Act in favour of development.
The Chair of the Bar sets out how the new government can restore the justice system
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The Chair of the Bar sets out how the new government can restore the justice system
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