Source: All England Reporter
Publisher Citation: [2010] All ER (D) 175 (Oct)
Neutral Citation: [2010] EWHC 2784 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Judge McKenna sitting as a deputy judge of the High Court
Representation Christian Zwart (instructed by Sarah Youren Planning Solicitors) for the claimant.
  Daniel Kolinsky (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 18 October 2010

Catchwords

Town and country planning - Development - Use classes - Residential care home - Claimant seeking permission to build two-storey care home in village location - Proposal classified as use class C2 - Local authority refusing permission on ground proposal in breach of local planning policies - Claimant appealing - Planning inspector upholding authority's decision - Whether local planning policy applying to use class C2 proposals - Whether inspector erring in interpretation of policy - s 288 - Town and Country Planning (Uses Classes) Order 1987, .

The Case

Town and country planning Development. The Administrative Court dismissed the claimant firm's application under s288 of the by which it sought to overturn the decision of the first defendant Secretary of State's planning inspector to reject its application for planning permission for a residential care home in a rural location, where the inspector had not erred in his approach to the relevant local planning policies.

Practice Areas

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