R (on the application of Larkfleet Homes Ltd) v Rutland County Council (Secretary of State for Communities and Local Government intervening)

Town and country planning – Planning authority. The claimant had, unsuccessfully, sought judicial review of the defendant planning authority's decision to proceed to a referendum on a local development plan and against the conclusion that a strategic environmental assessment had not been required. The Court of Appeal, Civil Division, dismissed the claimant's appeal. Regulation 5(2)(b) of the Town and Country Planning (Local Planning) (England) Regulations 2012, SI 2012/767, on its true construction, did permit allocation of sites for particular development in national development plans. Further, it could not be said that the author of the screening report had failed to take the positive environmental effects of the development plan into account.

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