Source: All England Reporter
Publisher Citation: [2002] All ER (D) 184 (Nov)
Court: Administrative Court
Judge:

Sullivan J

Representation Martin Edwards (instructed by Ralph & Co, Newquay) for the claimant.
  James Strachan (instructed by the Treasury Solicitor) for the defendant.
Judgment Dates: 21 October 2002

Catchwords

Town and country planning - Planning permission - Appeal - Decision of inspector - Failure to give adequate reasons.

The Case

Claimants embarking upon a reasons challenge under s288 of the should always stand back and consider the decision letter as a whole. They should then ask themselves whether the inspector's decision made sense, or whether there was 'something odd' about the eventual decision to refuse or allow the appeal. If the answer to the former question was yes, then applying common sense, a claimant should pause long and hard before mounting a reasons challenge.

Practice Areas

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