Source: All England Reporter
Publisher Citation: [2002] All ER (D) 172 (Jul)
Neutral Citation: [2002] EWHC 1390 (Admin)
Court: Administrative Court

Lawrence Collins J

Representation Stephen Morgan (instructed by Argles Stoneham Burstows) for the claimant authority.
  Paul Brown (instructed by the Treasury Solicitor) for the Secretary of State.
  Patrick Clarkson QC (instructed by Berwin Leighton Paisner) for the interested party.
Judgment Dates: 11 July 2002


Town and country planning - Permission for development - Application for permission - Development near to existing shops and facilities - Secretary of State calling in proposed development - Inspector concluding area in question neighbourhood or local centre - Inspector addressing question of need for development - Inspector recommending refusal of permission - Secretary of State not accepting recommendation - Secretary of State concluding inappropriate to consider question of need - Whether Secretary of State in error.

The Case

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