The Council challenged the grant of planning permission after a public enquiry for a mobile home and touring caravan site for gypsy families. They said that the inspector had not taken account of their objections to its effect on the flood plain and other accommodation.
Held: An analysis of the effect of flooding on neighbouring land had not been given proper weight by the inspector. Had he done so, the decision might well have been different, and therefore must be quashed.
Citations:
[2009] EWHC 787 (Admin)
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Bolton Metropoitan Borough Council v Secretary of State 1990
. .
Cited – ELS Wholesale (Wolverhampton) Limited v Secretary of State 1987
Planning appeal decision letters are not to be read on the basis that the Inspector is writing an examination paper, and one has to look not at the minutiae but at the real sense and basic content of the decision to which he had come. . .
Lists of cited by and citing cases may be incomplete.
Planning, Environment
Updated: 06 December 2022; Ref: scu.341187