Source: All England Reporter
Publisher Citation: [2002] All ER (D) 116 (Jan)
Court: Administrative Court
Judge:

Ouseley J

Representation John Barrett (instructed by Michael Barnes, Southport) for the authority.
  Tim Mould (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 18 January 2002

Catchwords

Town and country planning - Appeal to Minister against refusal of permission for development - Reasons for decision - Inspector failing to have regard to planning policy not specifically relied on by authority - Inspector not expressly stating proposal not in accordance with planning policy - Whether inspector in error.

The Case

Only in strong circumstances could a local planning authority, which had failed to draw a planning policy to a planning inspector's attention, subsequently rely on that policy in a challenge under of the Town and Country Planning Act 1990.

Practice Areas

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