Source: All England Reporter
Publisher Citation: [2001] All ER (D) 33 (Feb)
Court: Administrative Court

Elias J

Representation Richard Ground (instructed by Sharpe Pritchard) for the authority.
  Meyric Lewis (instructed by the Treasury Solicitor) for the Secretary of State.
  Joseph Harper QC (instructed by Clifford Joseph) for the developer.
Judgment Dates: 2 February 2001


Town and country planning - Permission for development - Material consideration - Fall back use - Applicant purportedly leasing building for certain use - Inspector not making express finding as to likelihood of current use being implemented or intention to so implement as fall back use - Whether inspector in error.

The Case

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