| Source: | All England Reporter |
| Publisher Citation: | [2010] All ER (D) 149 (Apr) |
| Neutral Citation: | [2010] EWHC 1092 (Admin) |
| Court: | Queen's Bench Division, Administrative Court (London) |
| Judge: | Sir Michael Harrison sitting as a judge of the High Court (Judgment delivered extempore) |
| Representation | Thomas Cosgrove (instructed by Royal Borough of Kensington and Chelsea, Legal Services) for the authority. |
| The Secretary of State did not appear and was not represented. | |
| Dan Kolinsky (instructed by David Cooper & Co) for the second defendant. | |
| Judgment Dates: | 22 April 2010 |
Catchwords
Town and country planning - Development - Permitted development - Second defendant developer applying to claimant local authority for planning permission to convert hotel into dwellings - Application refused and second defendant appealing - Inspector appointed by first defendant Secretary of State allowing appeal but failing to make conclusion on economic viability of proposal - Whether inspector erring - s 289.
The Case
Town and country planning Development. The Administrative Court held that the inspector appointed by the first defendant Secretary of State had failed to deal with the principal issue as to whether a housing proposal was financially viable and had thus erred in allowing the grant of planning permission.
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