Source: All England Reporter
Publisher Citation: [2009] All ER (D) 159 (Mar)
Court: Court of Appeal, Civil Division
Judge:

Sir Anthony Clarke MR, Toulson and Sullivan LJJ (judgment delivered extempore)
Representation Peter Village QC and Andrew Tabachnik (instructed by Ward Hadaway, Newcastle upon Tyne) for the claimant.
  Philip Coppel (instructed by the Treasury Solicitor) for the Secretary of State.
  The second defendant local authority did not appear and was not represented.
  Frances Patterson QC and John Hunter (instructed by Nabarro Nathanson) for the third defendant, UK Coal Mining Ltd.
Judgment Dates: 16 March 2009

Catchwords

Town and country planning - Permission for development - Material consideration - Development likely to interfere with national policies on important matters - Application for planning permission made in relation to defunct industrial site to bring it back into use for industrial or distribution purposes - Secretary of State calling in application on basis that proposals might conflict with national policies on important matters - Secretary of State's inspector recommending grant of permission - Secretary of State granting conditional permission - Whether Secretary of State in error - ss 77, 288.

The Case

Town and country planning Permission for development. Court of Appeal, Civil Division: The claimant's challenge to a grant of planning permission for the retention and reuse of certain buildings on a site was dismissed as the Secretary of State had been entitled, on the evidence and in her planning judgment, to have reached the decision she had.

Practice Areas

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