Notes

Elmbridge Borough Council
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The conclusion that I truly have reached impacts the validity of all the choices underneath problem. Mr Sales submits first that the claimants' problem underneath this head have to be an irrationality challenge rather than considered one of procedural unfairness. The query is whether or not there was a rational basis for the Secretary of State's preference for one website over another. Although my general conclusions are determinative, I flip to make transient comments on the person matters listed above. Mr Jones makes comments about the finest way during which the MVA report offers with capability constraints - a topic which, says Mr Sales, was the substance of TN7 and extensively debated at the Simplemarsh Farm, Elk Meadows and Warren Farm inquiries, and not new in the MVA report. When the M25 was completed in 1986 there was just one MSA, at South Mimms, alongside its complete length of approximately 120 miles.

As to the particular issue of breach of reliable expectation, Mr Sales submits first that the peace of mind of an opportunity to make representations only took impact "if it subsequently becomes clear that the additional proof supplied by the Agency will affect the decision on the attraction". TN7 didn't affect the decision on the attraction, however served merely to confirm the highways conclusions which had been reached by the New Barn Farm inspector. The assurance didn't cowl the later MVA report or any evidence from the Highways Agency other than TN7, in order that the case in relation to that material must be assessed on common grounds of pure justice. Nor did this contact form chelsea architects extend to re-opening the inquiry or putting in additional evidence. The Inquiries Procedure Rules do not exhaust the overall requirements of procedural equity.

Each skilled was representing the pursuits of his particular client; and even when there was no important conflict of curiosity, the purchasers' pursuits weren't in my view equivalent. As to the failure to flow into, previous to the decision letters, the Highways Agency's letter of 30 July 1999 and enclosed MVA report, the MVA evaluation followed the methodology and conclusions of TN7, utilizing variables which have been either not contentious or had been determined at inquiry. Elmbridge and RLG had had an affordable opportunity to comment upon the evaluation adopted within the MVA report, because it was the identical in all material respects as that in TN7 and HA4. Moreover the Secretary of State was entitled to take the view that there was nothing that they have been holding again and would possibly nonetheless must put.

Before me, within the light of the evidence filed on behalf of the Secretary of State, the submissions have proceeded on the premise that the Crown does have possession of the related land. To that restricted extent the issues have been narrowed. Avalon is in a weaker position than the opposite candidates in relation to this issue since at first sight, on the Secretary of State's strategy, he didn't want to engage in a full examination of the M4 sites as quickly as he had decided as a matter of policy that an M25 website was to be most well-liked, if suitable, and that there ought to solely be a single site. On the opposite hand, even leaving apart Mr Elvin's different submissions on this side of the matter, it seems to me that Avalon can properly complain about any deficiencies within the comparative train. That is as a result of the exclusion of the M4 sites was dependent within the last analysis upon the view that there was an acceptable single M25 website, namely New Barn Farm. It is implicit that the Secretary of State had not dominated out the possibility of selecting an M4 web site instead of, or along side, an M25 website if that would be considerably less harmful to the Green Belt than a single M25 web site.

The new home includes a new double storage with utility set into the slope of the location creating degree access off Pelhams Walk into a basement ground. Generously proportioned bespoke stairs lead up to a big central entrance corridor on the upper floor ground and remainder of the property above. An election to exchange a councillor who retires under paragraph is to be held on the strange day of election of councillors within the 12 months in which the retirement occurred; and the newly elected councillors are to return into workplace on the fourth day after that day.

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