||All England Reporter
|| All ER (D) 287 (Mar)
||Court of Appeal, Civil Division
Buxton, Latham LJJ and Sir Denis Henry
||Timothy Straker QC and Andrew Tabachnik (instructed by Tony Vincett) for the local authority.
||Christopher Katkowski QC and Katherine Olley (instructed by Lester Aldridge, Bournemouth) for the second defendant.
||19 March 2002
Town and country planning - Permission for development - Refusal - Presumption towards affordable housing in development - Local authority indicating it would refuse planning permission for failure to provide affordable housing - Inspector allowing appeal based on cost - Judge finding inspector's decision against evidence - Whether judge correct.
On the facts of the instant case, an inspector had been entitled on the evidence to conclude, on an appeal from a refusal to grant planning permission, that the particular costs resulting from affordable housing associated with the particular development would be a deterrent to development and that therefore planning permission could be granted without a requirement to include affordable housing.
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