Source:	All England Reporter
Publisher Citation:	[2005] All ER (D) 132 (Jul)
Court:	Administrative Court
Judge:	Davis J
Representation	Carine Patry (instructed by WH Matthews & Co, Sutton) for the claimant.
	Robert Palmer (instructed by the Treasury Solicitor) for the Secretary of State.
	The third defendant appeared in person.
Judgment Dates:	12 July 2005

Catchwords

Town and country planning - Appeal to Minister against refusal of permission for development - Development necessitating demolition of existing building - Inspector granting permission for development - Challenge to decision of inspector - Whether inspector properly considering issue of demolition - Town and Country Planning (General Permitted Development) Order 1995, SI 1995/418, art 4.

The Case

In all the circumstances, the Secretary of State's planning inspector had not erred in granting outline planning permission for the erection of a block of flats that would necessitate the demolition of an existing building that was protected by way of entry on a local list of buildings of architectural and historical interest.

Practice Areas

• Property

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