When is a Public Need Not a Public Need?

The High Court recently had to deal with the question ‘What constitutes a public need?’ when it faced a planning appeal against an application for the creation of a very ‘upscale’ golf club and spa resort, which was to be built on Green Belt land.

Whilst the developer had made a good case that there was demand for the planned facilities and that the resort would be a commercial success, mere demand, ruled the Court, is not sufficient to equate to a public need.

In such circumstances, ‘need’, the Court decided, means a need that is in the interests of the public and the community as a whole.

Contact us for advice on planning law and practice.
View my profile
DanielLewis
Director
E:
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.