Source: All England Reporter
Publisher Citation: [2002] All ER (D) 01 (Jan)
Court: Administrative Court
Judge:

Richards J

Representation Robert Fookes (instructed by Foot Anstey Sargent) for D Ltd.
  Timothy Mould (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 11 January 2002

Catchwords

Town and country planning - Permission for development - Refusal - Local planning authority refusing to grant certificate of lawful development in respect of construction of dwelling in pursuance of earlier planning permission - Claimant submitting authority estopped from taking enforcement action by virtue of correspondence sent by its representative - Secretary of State's inspector dismissing appeal - Whether inspector in error - Whether claimant's reliance on representation having to be reasonable.

The Case

If the recipient of a representation relied, in fact, upon that representation, and the other elements of estoppel were satisfied, the estoppel could not be defeated on the basis that the reliance was unreasonable.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.