| Source: | All England Reporter |
| Publisher Citation: | [2011] All ER (D) 136 (Mar) |
| Neutral Citation: | [2011] EWHC 510 (Admin) |
| Court: | Queen's Bench Division, Administrative Court (London) |
| Judge: | David Holgate QC sitting as a deputy judge of the High Court |
| Representation | Estelle Dehon (instructed by Lass Salt Garvin Solicitors) for the claimant. |
| Hereward Phillpot (instructed by the Treasury Solicitor) for the Secretary of State. | |
| Judgment Dates: | 21 February 2011 |
Catchwords
Town and country planning - Permission for development - Material consideration - Claimant's application for planning permission in green belt being refused - Claimant's appeal to planning inspector being refused - Whether inspector failing to take into account material consideration - Whether inspector failing to carry out cumulative appraisal of benefits of planning proposal - s 288.
The Case
Town and country planning Permission for development. The Administrative Court, in dismissing the claimant's application to quash the decision of the planning inspector, held that the absence of any specific reasoning having been given by the inspector in relation to one factor of the planning representations did not of itself provide a basis from which it would be permissible for the court to infer that that consideration had not been taken into account.
Practice Areas
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