“It is not a general principle in planning law that an acceptable proposal for development should be turned away because a better one might be put forward instead. This case shows why that is so.” So said Lindblom J in Horsham DC v Secretary of State for Communities and Local Government in a Judgment handed down on Friday.
Richard Kimblin appeared for the Secretary of State. The case also deals with the approach to paragraph 64 of the Framework (design).