Mrs Justice Patterson sitting in the Planning Court in Birmingham recently clarified the ambit of challenge, which prevents judicial review to a local plan under examination other than pursuant to section 113 of the Planning and Compulsory Purchase Act 2004 – in a case which also confirms that the proper application of the “exceptional circumstances” test for release of land from the Green Belt remains a planning judgment for the Plan Making Authority and there was no requirement to address a “falsification doctrine”. Gary Grant of Kings Chambers appeared for the successful Local Planning Authority in I.M. Properties Development Ltd v Lichfield District Council  EWHC 2440 (Admin).
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