[align=left]
Batchelor Enterprises Ltd., R (on the application of) v North Dorset District Council, Court of Appeal - Administrative Court, November 28, 2003, [2003] EWHC 3006 (Admin)

SMITH BERNAL WORDWAVE
CO/2791/2003
Neutral Citation Number: [2003] EWHC 3006 (Admin)
IN THE HIGH COURT OF JUSTICE
QUEEN'S BENCH DIVISION
THE ADMINISTRATIVE COURT
Royal Courts of Justice
Strand
London WC2

Friday, 28 November 2003

B E F O R E:

MR JUSTICE SULLIVAN

- - - - - - -
THE QUEEN ON THE APPLICATION OF BATCHELOR ENTERPRISES LIMITED
(CLAIMANT)

-v-

NORTH DORSET DISTRICT COUNCIL
- - - - - - -
(DEFENDANT)
Computer-Aided Transcript of the Stenograph Notes of
Smith Bernal Wordwave Limited
190 Fleet Street London EC4A 2AG
Tel No: 020 7404 1400 020 7404 1400 Fax No: 020 7831 8838
(Official Shorthand Writers to the Court)
- - - - - - -
MR JAMES FINDLAY (instructed by Battens Solicitors) appeared on behalf of the CLAIMANT
MR PETER HARRISON (instructed by Legal Services, North Dorset District Council) appeared on behalf of the DEFENDANT
- - - - - - -
J U D G M E N T
1. MR JUSTICE SULLIVAN:
Introduction
2. This is an application for judicial review of a decision of the defendant's Development Control Committee on 29 April 2003, communicated to the claimant on 6 May, not to agree to a request under section 106A(1)(a) of the Town and Country Planning Act 1990 ("the Act") to modify an agreement made under section 106 of the Act dated 30 July 1999 ("the agreement") relating to land known as Oakcrest Service Station, Bournemouth Road, Charlton Marshall, Dorset ("the site").
The factual background 3. The claimant owns the site and applied for planning permission to redevelop the former service station with five houses in January 1999. Planning permission was granted on 3 August 1999, after the claimant had entered into the agreement. The site is situated at the junction between the A350 Bournemouth Road, a busy main road, and Greenfield Road. As Greenfield Road approaches Bournemouth Road it splits into two, which for convenience I will refer to as access A and access B. A grassed "island" of land was enclosed between accesses A and B and the Bournemouth Road. It seems that when the service station was in use as such, access B went across part of the forecourt. At the time that planning permission was granted in August 1999 it was not appreciated by either the claimant or the defendant that the access to the A350 across the forecourt was, at least in part, a publi...
[/align]