Source: All England Reporter
Publisher Citation: [2011] All ER (D) 213 (Jan)
Neutral Citation: [2011] EWHC 305 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Judge Sycamore QC sitting as a deputy judge of the High Court (judgment delivered extempore)
Representation The claimant appeared in person.
  Charles Banner (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 27 January 2011

Catchwords

Town and country planning - Permission for development - Refusal - Material considerations - Permitted development - Claimant seeking planning permission for two developments on mixed-use site - Claimant also submitting prior notification of development - Authority refusing applications and finding development which was the subject of prior notification not 'permitted development' - Planning inspector upholding authority's decisions - Whether inspector failing to take into account material considerations - Whether any procedural unfairness in appeal - Whether inspector's decision unreasonable - s 288 - Town and Country Planning (General Permitted Development) Order 1995, , Pt 6, Sch 2.

The Case

Town and country planning Permission for development. The Administrative Court dismissed the claimant's application under s288 of the for an order quashing the decision of the planning inspector appointed by the respondent Secretary of State to uphold certain decisions of the local planning authority, where there had been no procedural unfairness, no failure to take into account material considerations, and the inspector's reasoning was clear and consistent throughout his decision letter.

Practice Areas

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