JJ Gallagher Ltd v Secretary of State for Transport, Local Government and the Regions and another: QBD 23 Aug 2002

Application was made for permission for an A2 use on land for which permission had previously been granted for A1 use. The Secretary of State reversed the inspector’s decision on the basis that he had failed to follow the necessary sequence of tests.
Held: The questions at issue as to the appropriateness of the site for a use were ones of judgement, not of fact. The regulation applied the sequential test only to the latter. The ‘class of goods’ approach was not inconsistent with PPG 6. However the Secretary of States decision was seriously flawed in having failed to give sufficient reasons for his decision, and the claimant had been prejudiced by that failure. The Secretary’s decision was quashed.

Judges:

Mr George Bartlett QC

Citations:

Gazette 19-Sep-2002

Statutes:

Town and Country Planning (Inquiries Procedures) Rules 2000 17(5)

Citing:

CitedNorth Wiltshire District Council v Secretary of State for the Environment 1992
. .
Lists of cited by and citing cases may be incomplete.

Planning

Updated: 28 April 2022; Ref: scu.177320