Source: All England Reporter
Publisher Citation: [2002] All ER (D) 91 (Jul)
Neutral Citation: [2002] EWHC 1327 (Admin)
Court: Administrative Court
Judge:

Lawrence Collins J

Representation Michael Bedford (instructed by Rodwell & Co) for the claimants.
  James Maurici (instructed by the Treasury Solicitor) for the defendant.
  Richard Ground (instructed by Sharpe Pritchard) for the developer, as interested party.
Judgment Dates: 5 July 2002

Catchwords

Town and country planning - Permission for development - Refusal - Appeal - Developer applying for outline planning permission to erect supermarket on site at risk of flooding - Secretary of State's inspector identifying harm to local economy - Inspector not mentioning sequential test in relevant planning policy - Inspector granting appeal - Whether reasoning adequate - Whether inspector dealing with all principal controversial issues.

The Case

The decision of a Secretary of State's planning inspector to allow an appeal against the local planning authority's refusal to grant outline planning permission, when read as a whole, contained adequate and intelligible reasoning and dealt with all of the principal controversial issues.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.