Source: All England Reporter
Publisher Citation: [2004] All ER (D) 136 (Jun)
Court: Administrative Court
Judge:

Collins J
Representation The claimant appeared in person.
  Sarah Davis (instructed by the Treasury Solicitors) for the Secretary of State.
  Melissa Murphy (instructed by Sharpe Pritchard, London agents for Michal Koniarski) for the local authority.
Judgment Dates: 16 June 2004

Catchwords

Town and country planning - Planning permission - Refusal - Appeal - Informal hearing - Determination of appeal - Listed building - Renovation - Viable use of building - Underlying factual error.

The Case

In a case where the claimant had been refused listed building consent and planning permission by the second defendant local authority, and his appeal against that decision to an inspector of the first defendant Secretary of State was dismissed, as the underlying reason for the inspector's decision was based on an error, and it could not be said that the error could not have effected the result, the inspector had erred in law and the matter would be sent back for re-determination pursuant to s288 of the and s63 of the .

Practice Areas

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