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High Court, in planning and development judicial review proceedings, quashes decision to grant planning permission for development of large scale residential development, on the grounds that: (1) the planning board failed to properly designate the lands in question as 'institutional lands' in accordance with planning legislation; (2) transfer of ownership of the lands to developer did not alter the 'institutional lands' designation; (3) there were material contraventions of development plan policies and objectives in respect of housing density and public open space; and (4) the board failed to explain its approach to possible future expansion of existing schools and why it disagreed with a recommended reason for refusal set out in report of chief executive.
Judicial review - planning and development - decision to grant planning permission for large scale residential development - special statutory procedure governing applications for 'strategic housing development' - whether lands are designated as 'institutional lands' under development plan - whether designation represents a zoning objective - whether development constitutes a material contravention of development plan objectives applicable to 'institutional lands' - legal principles applicable to interpretation of development plan - standard of review in interpreting a statutory development plan - rationale underlying court's approach - question of law exclusively for court to decide - three point test for identifying relevant planning unit - working rule - intelligent reader - whether legal effect of transfer of ownership is that lands in sale were no longer available for institutional use - use of lands at date of application - relevant policies and objectives of development plan - concept of zoning objective as a term of art under planning legislation - test for determining whether a contravention is material - breach of objectives in respect of housing density and minimum open space - misinterpretation of development plan is an error of law going to jurisdiction - legislative provisions in respect of planning authority's chief executive's report - adequacy of planning board's consideration of report - board's failure to explain its approach to question of possible future expansion of existing schools - nature of pre-application consultations - objector's complaints - ecological impact assessment report attached to application for planning permission - bat activity - mitigation measures -
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