The claimant operated an hostess bar in Chinatown. The local authority served an enforcement notice, and the applicant applied for planning permission. The authority rejected the application on the basis that that particular bar would encourage crime and be a detriment to the residential character of the area. The inspector rejected it on the basis that any such establishment would be unwelcome in the area. The respondent rejected the appeal.
Held: The Inspector had found against the applicant on a basis (as to the general policy for such establishments as against any detriment associated with this particular establishment) which had not been put to him. The applicants had accordingly not had a chance to place before him their own arguments against that objection. The decision was flawed and remitted for reconsideration.
Judges:
Mr Justice Collins
Citations:
Gazette 22-May-2003
Jurisdiction:
England and Wales
Citing:
See Also – Entertainu Ltd, Regina (on the Application Of) v Secretary of State for Transport, Local Government and Regions and Another Admn 26-Oct-2004
. .
Cited by:
See Also – Entertainu Ltd, Regina (on the Application Of) v Secretary of State for Transport, Local Government and Regions and Another Admn 26-Oct-2004
. .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 14 July 2022; Ref: scu.183801