Eley v Secretary of State for Communities and Local Government & Ors [2009] EWHC 660 (Admin) (02 April 2009)

Eley v Secretary of State for Communities and Local Government & Ors [2009] EWHC 660 (Admin) (02 April 2009)

There is no general duty of disclosure of adverse facts by an appellant in planning appeals conducted by written representations; a duty may arise only if selective disclosure would mislead the inspector. The inspector did not act unlawfully in disregarding late evidence regarding badger activity, and the failure to...

Source-derived case information.

Citation
[2009] EWHC 660 (Admin)
Parties
Claimant: Elizabeth Eley; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Watford Borough Council; Third Defendant: Visao Limited
Jurisdiction
England and Wales
Judgment Date
02 April 2009
Procedural Posture
Judicial Review (planning Appeal) / Final Judgment
Outcome
Claim dismissed
Legal Topics
Disclosure Obligations in Planning Appeals, Mistake of Fact as Ground for Quashing Decisions, Written Representations Procedure, Affordable Housing Requirements, Wildlife Protection in Planning Context
Administrative Law Planning Law Disclosure Obligations in Planning Appeals Mistake of Fact as Ground for Quashing Decisions Written Representations Procedure Affordable Housing Requirements Wildlife Protection in Planning Context

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Summary, issues, holding and outcome

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Parties

Elizabeth Eley

Claimant

Secretary of State for Communities and Local Government

First Defendant

Watford Borough Council

Second Defendant

Visao Limited

Third Defendant

Procedural Posture

Judicial Review (planning Appeal) / Final Judgment

Legal Issues

  1. 1 Whether there is a general duty of disclosure of adverse facts by an appellant in planning appeals conducted by written representations
  2. 2 Whether the inspector's decision should be quashed for mistake of fact regarding badger activity
  3. 3 Whether failure to disclose ownership/control of adjoining land vitiates the planning permission

Ratio Decidendi

There is no general duty of disclosure of adverse facts by an appellant in planning appeals conducted by written representations; a duty may arise only if selective disclosure would mislead the inspector. The inspector did not act unlawfully in disregarding late evidence regarding badger activity, and the failure to disclose ownership/control of adjoining land did not materially affect the outcome. No grounds exist for quashing the inspector's decision.

Court Disposition

Claim dismissed