Anderson School, Luxborough Lane, CHIGWELL, IG7 5AB

Authority: Epping Forest District Council
Appeal type: other · Section 106 Agreement
Procedure: Written Representations
Development: community-institutional · Other minor developments
Inspector: Felgate J

Main issues, as the Inspector framed them

Whether the obligation in question continues to serve a 'useful purpose'; and if so, whether it would serve that purpose equally well if modified as proposed

What decided it

The proposed modifications would retain the essential control mechanism ensuring the School provides education only to ASD-diagnosed pupils, thereby preserving the obligation's useful purpose of supporting that aim, while opening the way to alternative competent providers regulated by Ofsted.

Plan policies cited: Policy GB2A, Policy CF12, Policy DM4, Policy D4, Policy D1, Policy D2

Judgments cited: R (Mansfield District Council) v SoSHCLG [2018] EWHC 1794 (Admin); JA Pye (Oxford) Ltd v South Gloucestershire DC (No 1) [2001]

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