Source: All England Reporter
Publisher Citation: [2002] All ER (D) 226 (Mar)
Court: Administrative Court

Sir Richard Tucker

Representation Alan Evans (instructed by Howard Morris, Warrington) for the claimant.
  Ian Dove (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 15 March 2002


Town and country planning - Permission for development - Refusal - Appeal - Secretary of State's planning inspector allowing appeal against planning authorities refusal of permission - Planning authority appealing against decision - Planning authority contending inspector failing to place sufficient weight on emerging unitary development plan safeguarding site - Whether inspector in error.

The Case

A planning inspector had misdirected himself in law in failing to give sufficient weight to an emerging unitary development plan which had safeguarded a greenfield site, in circumstances where he had allowed an appeal against a planning authority's refusal to allow development on that site.

Practice Areas

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