The Court of Appeal has given useful guidance as to what constitutes a trigger event for the purposes of the Commons Act 2006. It rejected the narrow approach of the registration authority which had argued that “potential” in “identified for potential development” did no more than reflect the fact that a development plan could not compel the development of a particular piece of land. The Court did however recognise that prima facie identification of land for potential development could be contradicted by countervailing policies elsewhere in the plan.

Gregory Jones KC and Philip Petchey appeared for the successful landowners, Cooper Estates Strategic Land, instructed by Blake Morgan.

A copy of the judgment can be found here.

Gregory Jones KC and Philip Petchey will be giving Breakfast Breifing on this case on 5 June.