Source: All England Reporter
Publisher Citation: [2010] All ER (D) 51 (Jul)
Neutral Citation: [2010] EWHC 1619 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Hickinbottom J
Representation Katrina Yates (instructed by Paul Davidson Taylor, Horsham) for the claimant.
  Dan Kolinsky (instructed by the Treasury Solicitor) for the Secretary of State.
  The second defendant did not appear and was not represented.
Judgment Dates: 10 June 2010

Catchwords

Town and country planning - Permission for development - Refusal - Claimant applying for retrospective planning permission for 'larger-size' wings forming extensions to house - Larger wings already having been built by time local authority granting conditional permission for 'smaller-size' wings - Authority refusing application for grant of retrospective permission - Secretary of State's inspector agreeing with authority on appeal - Whether inspector's decision should be quashed on application to High Court - s 288.

The Case

Town and country planning Permission for development. The Administrative Court held, in dismissing the claimant's application brought under s288 of the that the decision of the Secretary of State's inspector dismissing an appeal against the local authority's decision refusing retrospective planning permission to the claimant for a set of wings which acted as extensions to his house was not to be impugned on the basis that the inspector had not failed to 'properly compare the relative size and impact of the permitted development with smaller wings on the one hand [for which permission was granted], with the proposed development with larger wings on the other'.

Practice Areas

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