Source: All England Reporter
Publisher Citation: [2005] All ER (D) 204 (Nov)
Neutral Citation: [2005] EWCA Civ 1360
Court: Court of Appeal, Civil Division

Pill, Smith LJJ and Sir Christopher Staughton

Representation Robert Griffiths QC and Stephen Whale (instructed by Thomas Eggar) for the claimant.
  Philip Coppel (instructed by the Treasury Solicitor) for the Secretary of State.
Judgment Dates: 16 November 2005


Town and country planning - Development - Material change of use - Developer applying for change of use from employment use to use as health and fitness club - Building functionally obsolete - Inspector having regard to local planning policies - Inspector refusing planning permission on ground appeal site not preferred location for leisure facility - Whether inspector's conclusions irrational - Judge reversing inspector's decision - Whether judge exceeding his powers - , s 288.

The Case

The principle that the threshold of irrationality for the purposes of judicial review was a high one applied equally to an application under s288 of the 1990 Act. Planning judgments were for planning authorities and not the courts.

Practice Areas

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