AC-2024-MAN-000347 - [2025] EWHC 2630 (Admin)

Fecha: 15-Oct-2025

Legislative and policy context

Legislative and policy context

Planning decision taking

10.

The Defendant is the local planning authority for the area of the Lake District National Park. The Defendant has the function of determining applications for planning permission to develop land situated within its administrative area.

11.

Section 70 of the Town and Country Planning Act 1990 [“the 1990 Act”] provides for the determination of applications for planning permission. Section 70(1) and (2) provides as follows (omitting certain passages):

"(1)

Where an application is made to a local planning authority for planning permission –

(a)

… they may grant planning permission, either unconditionally or subject to such conditions as they think fit; or

(b)they may refuse planning permission …

(2)

In dealing with an application for planning permission … the authority shall have regard to (a) the provisions of the development plan, so far as material to the application …; and (c) any other material considerations".

12.

Section 38(6) of the Planning and Compulsory Purchase Act 2004 [“the 2004 Act”] provides:

"If regard is to be had to the development plan for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise".