Source: All England Reporter
Publisher Citation: [2002] All ER (D) 425 (Jul)
Court: Administrative Court
Judge:

Harrison J

Representation John Hobson QC and Robert White (instructed by Berwin Leighton Paisner) for the claimant.
  Timothy Mould (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 26 July 2002

Catchwords

Town and country planning - Permission for development - Refusal - Appeal - Local planning authority taking enforcement action against educational centre - Centre appealing against refusal of planning permission and enforcement notice - Secretary of State's inspector concluding that centre causing noise and disturbance to local amenity - Inspector undertaking unannounced site visit and witnessing fight - Inspector not mentioning visit to parties - Inspector taking account of visual impact on conservation area, when issue not in question between parties - Whether inspector in error.

The Case

The Secretary of State's planning inspector had not erred in examining the visual impact of a proposed development in a conservation area, even where that had not been at issue between the claimant and the local planning authority, since she had a statutory duty to consider the desirability of preserving the character of the area under the Planning (Listed Building and Conservation Areas) Regulations 1990.

Practice Areas

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