Source: All England Reporter
Publisher Citation: [2011] All ER (D) 45 (Aug)
Neutral Citation: [2011] EWHC 1908 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge: Wyn Williams J
Representation Matthew Horton QC (instructed by Goldkorn Mathias Gentle Page LLP) for the claimant.
  Hareward Phillpot (instructed by the Treasury Solicitor) for the Secretary of State.
  Neil Cameron QC (instructed by Legal Services, Medway Council) for the authority.
Judgment Dates: 22 July 2011

Catchwords

Town and country planning - Permission for development - Material consideration - Claimant being issued with notices of enforcement in respect of breach of planning controls - Claimant's appeal being dismissed by inspector appointed by Secretary of State - Whether inspector failing to take material consideration into account - ss, 172, 174, 176, 289.

The Case

Town and country planning Permission for development. The Administrative Court, in dismissing the claimant's appeal against the decision of the planning inspector to dismiss its appeal against an enforcement notices, held that the local planning authority had not acted unlawfully when it issued the enforcement notices and that there had been no legal error in the inspector's reasoning.

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