Source: All England Reporter
Publisher Citation: [2011] All ER (D) 114 (Mar)
Neutral Citation: [2010] EWHC 3686 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Simon J
Representation Giles Cannock (instructed by Walker Morris) for the claimant.
  Ian Ponter (instructed by the Treasury Solicitor) for the first Secretary of State.
  The authority did not appear and was not represented.
Judgment Dates: 20 December 2010

Catchwords

Town and country planning - Permission for development - Material consideration - Local planning authority granting planning permission subject to approval of reserved matters - Authority refusing reserved matters application - Claimant appealing - Inspector dismissing appeal - Whether inspector taking immaterial considerations into account.

The Case

Town and country planning Permission for development. The Administrative Court, in allowing the claimant's application held that an inspector, who had been appointed by the Secretary of State to consider the claimant's appeal, had erred in confusing scale with appearance.

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