Secretary of State for Communities and Local Government v BDW Trading Ltd (T/A David Wilson Homes (Central, Mercia and West Midlands)): CA 27 May 2016

The court considered whether an inspector deciding an appeal against a refusal of planning permission failed to discharge the duty, under section 38(6) of the Planning and Compulsory Purchase Act 2004, to make the decision in accordance with the development plan unless material considerations indicated otherwise.

Lord Dyson MR, Macur, Lindblom LJJ
[2016] EWCA Civ 493
Bailii
England and Wales

Planning

Updated: 09 November 2021; Ref: scu.565355