Trend Properties Ltd., R (on the application of) v Borough of Islington & Anor [2005] EWHC 906 (Admin) (04 May 2005)

Trend Properties Ltd., R (on the application of) v Borough of Islington & Anor [2005] EWHC 906 (Admin) (04 May 2005)

The Inspector was entitled to consider amenity, outlook, and sense of enclosure under the development plan; the site visit procedure was not unfair; the fallback position was properly considered; and the Inspector's reasoning was adequate and within his discretion.

Citation
[2005] EWHC 906 (Admin)
Parties
Claimant: Trend Properties Limited; First Defendant: London Borough of Islington; Second Defendant: First Secretary of State
Jurisdiction
England and Wales
Judgment Date
04 May 2005
Procedural Posture
Judicial Review (planning Appeal) / Final Judgment
Outcome
Application dismissed
Legal Topics
Development Plan Interpretation, Planning Permission, Conservation Area, Inspector's Reasoning, Site Visit Procedure, Fallback Position, Costs Assessment
Administrative Law Planning Law Development Plan Interpretation Planning Permission Conservation Area Inspector's Reasoning Site Visit Procedure Fallback Position +1 more

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Parties

Trend Properties Limited

Claimant

London Borough of Islington

First Defendant

First Secretary of State

Second Defendant

Procedural Posture

Judicial Review (planning Appeal) / Final Judgment

Legal Issues

  1. 1 Whether the Planning Inspector misinterpreted the development plan policies D3 and D4
  2. 2 Whether the Inspector failed to give adequate reasons
  3. 3 Whether the Inspector's site visit procedure was unfair

Ratio Decidendi

The Inspector was entitled to consider amenity, outlook, and sense of enclosure under the development plan; the site visit procedure was not unfair; the fallback position was properly considered; and the Inspector's reasoning was adequate and within his discretion.

Court Disposition

Application dismissed

Orders

  • Summary assessment of costs in favour of the first defendant for £4,300