*R (on the application of Timmins and a company) v Gedling Borough Council

Town and country planning – Permission for development. The local authority had allowed an application for planning permission for the development of a crematorium and cemetery in an area of green belt land and refused a competing application. On an application for judicial review, the judge, in quashing the decision, held that the authority had erred in interpreting para 89 of the National Planning Policy Framework (NPPF) as treating cemeteries as appropriate development. The Court of Appeal, Civil Division, dismissed the appeal. It held that the second bullet point in para 89 of the NPPF could not be read as covering a material change in the use of land so as to create a new cemetery.

Category: