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R v Aldergate Projects Limited) v Nottinghamshire County Council

DATE: 12 Nov 2008

The High Court (Collins J) quashed Nottinghamshire County Council’s grant of planning permission to itself for a bus station development in Mansfield Town Centre. The judge held that the County Council acted unlawfully in failing to secure a mechanism for the development to proceed in a way which was compatible with the Claimant’s plans for the adjoining development. The judge also held that planning permission had been granted unlawfully because the County Council failed to produce a written screening opinion under the Environmental Impact Assessment Regulations and because the Council had failed to comply with article 22 of the General Development Procedure Order (duty to give summary reasons and a summary of relevant policies in the decision notice granting planning permission).

Dan Kolinsky acted for the successful Claimant, Aldergate Projects Limited.