Source: All England Reporter
Publisher Citation: [2007] All ER (D) 366 (Feb)
Court: Court of Appeal, Civil Division
Judge:

Chadwick, Lloyd LJJ and Stanley Burnton J
Representation Philip Petchey (instructed by Lewis Silkin) for the claimant.
  Katherine Olley (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 28 February 2007

Catchwords

Town and country planning - Permission for development - Refusal - Appeal to inspector - Inspector dismissing appeal - Whether inspector giving adequate reasons.

The Case

It was not foreign to a challenge to the adequacy of reasons in a planning context to consider that a requirement to give reasons concentrated the mind, and the resulting decision was therefore more likely to be soundly based on the evidence, albeit that it was always for the party challenging the decision to establish that the reasons were inadequate. In the instant case, it had not been sufficient for a second inspector to decline to give reasons for differing from the views of an earlier inspector on a question of principle, namely whether any extension to the relevant property would be acceptable.

Practice Areas

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