Source: All England Reporter
Publisher Citation: [2002] All ER (D) 119 (Jan)
Court: Administrative Court

Sullivan J

Representation Robert Fookes (instructed by Sheppard & Son) for the claimant.
  James Strachan (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 21 January 2002


Town and county planning - Permission for development - Refusal - Secretary of State's inspector allowing appeal against refusal by local planning authority - Objector appealing against inspector's decision - Objector arguing inspector failing to apply policy contained in local plan - Whether inspector in error.

The Case

The Secretary of State's planning inspector had been entitled to construe a policy contained in the local plan, which stated that applications for planning permission would only be favourably viewed if they met certain criteria, as not meaning that proposals which did not meet the criteria were to be presumed to be unacceptable.

Practice Areas

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