Source: All England Reporter
Publisher Citation: [2002] All ER (D) 05 (Sep)
Court: Administrative Court
Judge:

Collins J

Representation Martin Hutchings (instructed by Colemans, Kingston upon Thames) for the claimant.
  James Maurici (instructed by the Treasury Solicitor) for the Secretary of State.
  No appearance by or on behalf of the authority.
  G appeared in person.
Judgment Dates: 2 September 2002

Catchwords

Town and country planning - Appeal - Challenge to decision of inspector - Claimant's neighbour applying for planning permission to extend house - Local authority refusing application - Planning inspector allowing appeal against refusal - Inspector having regard to outdated planning guideline document - Whether inspector's consideration of outdated document rendering decision in error - s 288.

The Case

A decision of a planning inspector granting planning permission for a conservatory was overturned on an appeal under s288 of the on the ground that the inspector had had regard to an outdated document, namely the supplementary planning guidelines. Although it was a powerful point that, had he had regard to the up to date guidelines, his decision might well have been unchanged, it was impossible to state that his decision necessarily would have been the same

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.