Source: All England Reporter
Publisher Citation: [2002] All ER (D) 287 (Mar)
Court: Court of Appeal, Civil Division
Judge:

Buxton, Latham LJJ and Sir Denis Henry

Representation 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.
Judgment Dates: 19 March 2002

Catchwords

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.

The Case

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.

Practice Areas

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