Source: All England Reporter
Publisher Citation: [2009] All ER (D) 195 (Jul)
Neutral Citation: [2009] EWHC 1748 (Admin)
Court: Queen's Bench Division, Administrative Court (Birmingham)
Judge:

Wyn Williams J

Representation Alex Goodman for the claimant.
  Peter Goatley for the first defendant.
  The second defendant did not appear and was not represented.
Judgment Dates: 20 July 2009

Catchwords

Town and country planning - Permission for development - Refusal - Claimant seeking planning permission to develop its premises - Premises located in area in which local authority having resolved to grant conditional outline permission for major development - Authority refusing claimant's planning application - Secretary of State's inspector upholding authority's decision on appeal - Inspector refusing claimant its costs of planning appeal - Whether inspector erring - ss 106, 288.

The Case

Town and country planning Permission for development. Queen's Bench Division, Administrative Court (Birmingham): The court allowed the claimant's application under s288 of the which related to a planning decision by the Secretary of State's inspector on an appeal to her and a judicial review of a decision by the same inspector in respect of costs. The error identified by the court was in the inspector's conclusion that a major development would be prejudiced if planning permission was granted to the claimant for its proposed development.

Practice Areas

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