Out-Law News 1 min. read
27 Apr 2012, 3:09 pm
The revised Direction has been issued in response to the threat of two judicial review challenges, which claimed that the Secretary of State had acted "outside of his powers in trying to impose a safeguarding direction in the extent that he has".
The original Direction prevented certain local planning authorities from granting planning permission; entering into any agreement, or passing any resolution that could influence the site's planning status without ministerial authorisation.
DCLG issued the Direction under section 74 of the Town and Country Planning Act (TCPA) 1990 and article 25 (1) of the TCPA (Development Management Procedure) (England) Order 2010. However, Charles Mills of surveyors Daniel Watney threatened to challenge the original Direction.
"The section of the Act is very clear. What the secretary of state is proposing goes far outside of that," said Mills.
The new Direction does not go as far as the previous Direction and states that the relevant planning authorities must "not grant planning permission in respect of any development on any land to which this Direction relates, without his specific authorisation".
The Secretary of State has published a note which states that he "hereby withdraws his Direction" of 28 February 2012. The note attached a new Direction with "immediate effect" served on the London Borough of Wandsworth and the London Borough of Hammersmith and Fulham.
"Put simply, the effect of this Direction is that, without specific authorisation from DCLG, your authority cannot grant planning permission on any application in respect of any land to which this Direction relates," the Secretary of State said in his letters to the respective local planning authorities.
The safeguarding Direction covers land on Carnwath Road in Hammersmith and Fulham and Kirtling Street in Wandsworth, both sites that are proposed to be used for the construction of the Thames Tunnel "Super Sewer".
The new Direction came into force on 24 April 2012 and applies to any application for planning permission which had not been finally determined by 24 April, which relates (wholly or partly) to development within any of the land specified in the Direction, the Secretary of State said.
The Direction will remain in force until 31 March 2013.
