Source: All England Reporter
Publisher Citation: [2011] All ER (D) 69 (Jul)
Neutral Citation: [2011] EWCA Civ 775
Court: Court of Appeal, Civil Division
Judge:

Mummery, Etherton LJJ and Hedley J
Representation Kevin Leigh and Philip Williams (instructed by Hall & Co) for the appellant.
  Justine Thornton (instructed by the Treasury Solicitors) for the Secretary of State.
  The second defendant did not appear and was not represented.
Judgment Dates: 7 July 2011

Catchwords

TOWN AND COUNTRY PLANNING - PERMISSION FOR DEVELOPMENT - CONDITION - JUDICIAL REVIEW - CLAIMANT OWNING BAR/RESTAURANT WITH BI-FOLDING WINDOWS (THE PREMISES) FACING ONTO STREET - CONDITION OF PLANNING PERMISSION FORBIDDING OPENING OF WINDOWS DURING USE OF PREMISES - CLAIMANT APPEALING BY WRITTEN REPRESENTATIONS, INCLUDING REPORT FROM INDEPENDENT ENVIRONMENTAL CONSULTANCY - PREMISES INSPECTED BY PLANNING INSPECTOR APPOINTED BY FIRST DEFENDANT SECRETARY OF STATE - INSPECTOR REFUSING TO ALLOW AMENDMENT OF PLANNING PERMISSION - CLAIMANT APPEALING - WHETHER PROPER CONSIDERATION GIVEN TO REPORT - WHETHER DECISION UNREASONABLE - , .

The Case

TOWN AND COUNTRY PLANNING PERMISSION FOR DEVELOPMENT. The Court of Appeal, Civil Division, allowed the appellant's application for judicial review of a decision of the first defendant's planning inspector and remitted the matter to that inspector, where the inspector had failed to give any reasons for rejecting the analysis and conclusions of a report commissioned from an environmental expert by the claimant.

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