Source: All England Reporter
Publisher Citation: [2006] All ER (D) 283 (Jun)
Neutral Citation: [2006] EWHC 1373 (Admin)
Court: Queen's Bench Division (Administrative Court)

George Bartlett QC (Sitting as a Deputy High Court Judge)

Representation Gregory Jones (instructed by Richard Buxton) for the claimant.
  Richard Kimblin (instructed by Sharpe Pritchard) for the defendant.
Judgment Dates: 6 April 2006


Town and country planning - Permission for development - Application for permission - Application extremely similar to previously refused application - Application granted - Whether planning authority failing to properly take into account earlier refusal.

The Case

In the circumstances, it was clear that the defendant local planning authority's decision to grant the interested party's application for planning permission was unlawful, leaving out of account, as it had, the basis upon which an earlier application for planning permission, which was extremely similar, had been refused.

Practice Areas

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