Source: All England Reporter
Publisher Citation: [2012] All ER (D) 323 (Oct)
Neutral Citation: [2012] EWHC 2770 (Admin)
Court: Queen's Bench Division, Administrative Court

Wyn Williams J

Representation The claimant appeared in person.
  Gwion Lewis (instructed by the Treasury Solicitor) for the Secretary of State.
  The local authority did not appear and was not represented.
Judgment Dates: 17 October 2012


Town and country planning - Conservation area - Planning permission - Claimant seeking planning permission in respect of listed building - Local authority refusing permission - Inspector for Secretary of State dismissing claimant's appeal - Claimant seeking orders quashing inspector's decision - Whether inspector failing to consider safety of premises - Whether claimant's human rights being breached - Whether inspector failing apply policy - European Convention on Human Rights, arts 6, 8 - First Protocol to European Convention on Human Rights, art 1.

The Case

Town and country planning Conservation area. A property owner sought planning permission for the demolition and reconstruction of his premises. The local authority had refused permission and an inspector appointed by the Secretary of State had affirmed that decision. The owner sought orders quashing the inspector's decision. The Administrative Court held that the inspector had considered the state of the premises and a relevant policy. It further held that there had been no infringement of the claimant's right to the peaceful enjoyment of his possessions, private and family life or right to a fair trial.

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