Interpreting planning policy: a judicial plea for simplicity and an end to excessive legalism that is likely to fall on deaf ears’: J.P.L. 2019, 5, 444-455.
26 Apr 2019
Tom Cosgrove QC (with Ben Du Feu) has authored a paper in the Journal of Planning and Environment Law concerning the interpretation of planning policy. The paper reviews the factors behind the growth of planning policy litigation since Tesco Stores Ltd v Dundee City Council (SC), including the revised National Planning Policy Framework and the distinction between the interpretation and application of policy. It examines the lack of judicial consistency on the issue, the principles underpinning policy interpretation, and whether the courts’ efforts to curb excessive legalism in the area is likely to succeed.