‘In a successful challenge to the adoption of a development plan, Mrs Justice Lieven has ruled that the large number of Green Belt allocations in the adopted Leeds Site Allocations Plan (SAP) are legally flawed due to inadequate reasons causing prejudice to the Claimant and an error of fact amounting to an error of law. The Council was also found to have breached the Strategic Environment Assessment Regulations by failing to consider and consult upon a ‘reasonable alternative’ to the strategy of continuing with the SAP in materially changed circumstances. However, in relation to that latter point, relief was not granted due to the Court finding that it was an error that would not have made any difference to the outcome.’
Landmark Chambers, 8th June 2020
Source: www.landmarkchambers.co.uk