Source: All England Reporter
Publisher Citation: [2001] All ER (D) 291 (Dec)
Court: Administrative Court
Judge:

James Goudie QC sitting as a deputy judge of the High Court

Representation Charles George QC and James Pereira (instructed by TLT) for the claimant.
  Paul Brown (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 19 December 2001

Catchwords

Town and country planning - Permission for development - Refusal - Appeal - Claimant seeking to construct development on brown field site in green belt - Local authority refusing permission - Secretary of State's planning inspector dismissing claimant's appeal - Inspector concluding prospect of significant reoccupation of land unlikely - Whether inspector in error.

The Case

The Secretary of State's planning inspector had been entitled to dismiss an appeal against a local planning authority's refusal to grant planning permission for a development in circumstances where he had concluded that the scheme had no clear advantages which outweighed the harm which the development would cause.

Practice Areas

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