Source: All England Reporter
Publisher Citation: [2002] All ER (D) 377 (Mar)
Court: Administrative Court
Judge:

George Bartlett QC sitting as a deputy judge of the High Court

Representation Douglas Edwards (instructed by Bond Pearce, Plymouth) for the claimant.
  Timothy Corner (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 25 March 2002

Catchwords

Town and country planning - Permission for development - Refusal - Appeal - Claimant applying for planning permission to erect retail warehouse - Local planning authority refusing permission - Planning inspector dismissing appeal - Planning inspector concluding proposal conflicting with development plan's intention to use land for industrial purposes - Claimant appealing on ground inspector failing to have regard to material consideration - Whether inspector in error.

The Case

A claimant's appeal against the determination of the Secretary of State's planning inspector dismissing an appeal against the refusal of planning permission was allowed in circumstances where the inspector had failed to have regard to a material consideration.

Practice Areas

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