NEW SERIES: Planning Law in Practice

Interesting legal blog post

RTPI London Calling

Policies to protect Leeds historic canal side declared unlawful

by Katie Scuoler, Dentons

In September 2013 the High Court declared that two Leeds City Council (“the Council”) policies that attempted to protect the city’s historic canal side from housing development were unlawful.  The case highlights some key considerations for both local planning authorities (“LPAs”)  and developers in the allocation of sites in development plan documents (“DPDs”).

The two policies in question were contained in the Natural Resources and Waste Local Plan (“the NRWLP”).  The NRWLP, adopted in January 2013 following a public inquiry, covered a period of 15 years which ran to January 2028 and contained two policies which sought to protect two pieces of land owned by the first and second claimants.  The first site had an existing rail line used for the import of aggregates from the Yorkshire Dales and was allocated as suitable for the provision of…

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