|Source:||All England Reporter|
|Publisher Citation:|| All ER (D) 526 (May)|
|Neutral Citation:|| EWHC 1090 (Admin)|
|Representation||David Elvin QC and Thomas Hill (instructed by Marrons) for the claimant.|
|Philip Sales and Sarah Moore (instructed by the Treasury Solicitor) for the first defendant.|
|Anthony Dinkin QC (instructed by Osborne Clarke) for the third defendant.|
|Judgment Dates:||31 May 2002|
Town and country planning - Permission for development - Application for permission - Permission originally granted for retail warehouse in 1996 - Permission erroneously failing to include conditions - Site subsequently purchased by company seeking to apply for permission to develop food store - Secretary of State granting permission - Secretary of State having regard to fall back position of original permission granted - Claimant objecting to grant of permission - Claimant contending Secretary of State wrongly balancing planning merits with fall back position - Whether Secretary of State in error.