Source: All England Reporter
Publisher Citation: [2002] All ER (D) 265 (Mar)
Court: Administrative Court
Judge:

Sullivan J

Representation Anna Mathias (instructed by Chesham & Co) for the claimant.
  Sarah-Jane Davies (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 18 March 2002

Catchwords

Town and country planning - Permission for development - Refusal - Claimants applying for planning permission for extension to dwelling - Local authority failing to determine application within prescribed time period - Inspector refusing permission - Inspector making error of fact - Whether error of fact leading inspector in to error regarding impact of proposed development.

The Case

Although the planning inspector had made a factual error in stating in his decision letter that it appeared from his sight visit that part of one of the neighbouring properties immediately behind the boundary wall with the claimants' property was a patio, whereas it was in fact a flat roofed building, it was held that that error did not affect his overall conclusions that the claimant's neighbours would be affected to an undesirable degree by the proposed development.

Practice Areas

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