The claimant took part in a planning appeal, objecting to a development. After the appeal, the inspector agreed different conditions, but without allowing the claimant to be involved. He appealed.
Held: The inspector was obliged to deal fairly. The claimant was not entitled as of right to attend but had done so, and the issues raised were at the heart of the dispute. The inspector was entitled to come to his one conclusion, but having discussed matters post hearing with the other parties he should have contacted the claimant. Decision set aside,
Judges:
Sullivan J
Citations:
Gazette 21-Nov-2002, Times 03-Dec-2002, Gazette 23-Jan-2003
Statutes:
Town and Country Planning (Hearings Procedure) (England) Rules 2000 (2000 No 1626) 14(3)
Jurisdiction:
England and Wales
Citing:
Cited – Fairmount Investments Ltd v Secretary of State for the Environment HL 1976
A local authority had made a compulsory purchase order which was challenged and an inquiry was held. The inspector, after the conclusion of the hearing, conducted his own inspection of the premises as a result of which he concluded that the . .
Lists of cited by and citing cases may be incomplete.
Planning, Land
Updated: 13 July 2022; Ref: scu.178244