The applicant submitted three alternative proposals for residential development of a site. None provided a play area. No decisions were made, and he appealed. At the inquiry, the inspector rejected the applications on the basis of the absence of such provision. The applicants appealed saying that they had not been forewarned of the intention to take the absence of play areas as a point of significance, and they had not had opportunity to make representations on the point. The appeal succeeded. The inspector had chosen a point about which neither party had had any cause to think representations should be made.
Citations:
Gazette 15-Feb-2001
Jurisdiction:
England and Wales
Planning
Updated: 19 July 2022; Ref: scu.78946