Source: All England Reporter
Publisher Citation: [2009] All ER (D) 180 (Dec)
Neutral Citation: [2009] EWHC 2187 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Frances Patterson QC sitting as a deputy judge of the High Court

Representation S White (instructed by Halliwells) for the claimant.
  S Davies (instructed by the Treasury Solicitor) for the Secretary of State.
  The authority did not appear and was not represented.
Judgment Dates: 21 July 2009

Catchwords

Town and country planning - Permission for development - Refusal - Claimant agreeing noise issues with local planning authority - Authority refusing to grant permission on grounds of noise issues - Secretary of State's inspector agreeing with authority on appeal having not given claimant opportunity to present material on noise issues - Whether inspector erring - .

The Case

Town and country planning Permission for development. The Administrative Court quashed the decision of the Secretary of State's inspector to refuse an application for planning permission on the grounds of technical noise issues. The noise issues had been subject to an agreement between the claimant and the local planning authority, and they were not raised at the public inquiry. Accordingly, the inspector should not have reached the conclusion that he had without allowing the claimant to address his concerns.

Practice Areas

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