Source: All England Reporter
Publisher Citation: [2002] All ER (D) 90 (Oct)
Court: Administrative Court

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

Representation Gregory Jones (instructed by Richard Buxton, Cambridge) for the claimant.
  Harriet Townsend (instructed by Eleanor Hoggart) for the authority.
Judgment Dates: 8 October 2002


Town and country planning - Permission for development - Planning authority - Exercise of discretion - Relevant considerations - Previous decision and appeal regarding same site - Whether previous decision and appeal relevant considerations for planning permission of different development on same site - s 70(2).

The Case

A particular factor was a material consideration for the purposes of a local authority's duty under s70 (2) of the if (i)it was not irrelevant to the determination to be made (in the sense of having no connection with the subject matter of the decision) and (ii)if it could make a difference in the way in which the authority dealt with the application. A previous appeal decision of the Secretary of State or a planning inspector regarding the same site had a particular potential relevance to a subsequent determination by a local planning authority by reason of the fact that it was a decision of the Secretary of State or by an inspector with delegated powers. It was the decision of a superior authority, made in the reasoned decision letter of the planning inspector or Secretary of State. The planning judgment that it contained had a potential relevance in itself that derived not simply from the desirability of consistency but from the status of the decision-maker, the expertise of the inspector and the process that had enabled the judgment to be formed.

Practice Areas

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