The applicant sought planning permission extending the hours for her hot food take away after midnight. It was refused for the effect on local residents. She complained that the Inspector had failed to consider a shorter extension, and that another local shop did have such hours.
Held: The inspector was not obliged to consider suggestions not put to him. The Inspector had properly allowed that the questions engaged the applicants human rights, but had properly balanced her rights against public needs. The possible comparator might itself later have conditions imposed.
Judges:
Mr Justice Sullivan
Citations:
Gazette 24-Oct-2002
Statutes:
European Convention on Human Rights 1
Jurisdiction:
England and Wales
Planning, Human Rights
Updated: 29 June 2022; Ref: scu.177493
