Source: All England Reporter
Publisher Citation: [2012] All ER (D) 47 (Mar)
Neutral Citation: [2012] EWHC 444 (Admin)
Court: Queen's Bench Division, Administrative Court (Manchester)
Judge:

Gilbart QC sitting as a deputy Judge in the High Court
Representation Paul Tucker QC and Anthony Gill (instructed by Aaron and Partners LLP) for the claimant.
  Rupert Warren (instructed by the Treasury Solicitor) for the Secretary of State.
  The authority did not appear and was not represented.
Judgment Dates: 2 March 2012

Catchwords

Town and country planning - Appeal to Minister against refusal of permission for development - Reasons for decision - Claimant developer appealing against refusal of planning permission - Second developer also being refused planning permission for similar site - Secretary of State refusing both appeals - Claimant contending certain conclusions in two decisions contradictory - Whether Secretary of State erring in approach to contradictory conclusions - Whether Secretary of State erring in approach to policy on agricultural land - .

The Case

Town and country planning Appeal to Minister against refusal of permission for development. The Administrative Court, held that the Secretary of State had made a major error of law in circumstances where he had reached certain conclusions in his determination of the claimant's planning appeal which were contradictory to an earlier decision in the same geographical area and he had avoided giving reasons for by his approach by regarding the earlier decision as being of no weight.

Practice Areas

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