Source: All England Reporter
Publisher Citation: [2011] All ER (D) 04 (Feb)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Lindblom J (Judgment delivered extempore)
Representation The claimant appeared in person.
  Gwion Lewis (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 27 January 2011

Catchwords

Town and country planning - Permission for development - Refusal - Claimant owning property adjacent to land in respect of which planning permission refused - Respondent Secretary of State's planning inspector allowing appeal - Whether inspector erring in application of law - Whether claimant's right to light being detrimentally affected by development - Whether inspector failing to consider implications of permission on repairs to claimant's property - s 288.

The Case

Town and country planning Permission for development. The Administrative Court, in dismissing the claimant's application under s288 of the for the quashing of a planning permission granted to his neighbour, held that, inter alia, the planning inspector had not erred in her application of the law, nor had she acted unreasonably, her reasoning had been intelligible and adequate and she had not been bound to consider the implications of the grant of permission on the claimant's ability to carry out repairs to his house.

Practice Areas

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