Butterworth v Secretary of State for Communities and Local Goverment & Anor

Butterworth v Secretary of State for Communities and Local Goverment & Anor

The inspector failed to provide intelligible and adequate reasons for departing from previous appeal decisions on similar proposals in the same terrace, did not address the principle of consistency, and did not distinguish or explain her conclusions in light of those decisions, causing substantial prejudice to the claimant.

Parties
Claimant: Benjamin Butterworth; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: City of Westminster Council
Jurisdiction
England and Wales
Judgment Date
23 January 2015
Procedural Posture
Judicial Review / Judgment
Outcome
Application allowed; decision quashed
Legal Topics
Consistency in Decision Making, Planning Appeals, Adequacy of Reasons, Conservation Area Policy
Administrative Law Planning Law Consistency in Decision Making Planning Appeals Adequacy of Reasons Conservation Area Policy

Case Brief

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Parties

Benjamin Butterworth

Claimant

Secretary of State for Communities and Local Government

First Defendant

City of Westminster Council

Second Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Did the inspector fail to deal lawfully with previous appeal decisions?
  2. 2 Was the principle of consistency in planning decision-making properly applied?
  3. 3 Were adequate reasons given for departing from previous decisions?

Ratio Decidendi

The inspector failed to provide intelligible and adequate reasons for departing from previous appeal decisions on similar proposals in the same terrace, did not address the principle of consistency, and did not distinguish or explain her conclusions in light of those decisions, causing substantial prejudice to the claimant.

Court Disposition

Application allowed; decision quashed

Orders

  • The inspector’s decision is quashed.
  • The appeal is remitted to the Secretary of State for redetermination.