Downderry Construction Ltd v Secretary of State for Transport, Local Government & the Regions & Anor [2002] EWHC 2 (Admin) (11th January, 2002)

Downderry Construction Ltd v Secretary of State for Transport, Local Government & the Regions & Anor [2002] EWHC 2 (Admin) (11th January, 2002)

The inspector erred in law by holding that estoppel by representation was precluded on the basis that the claimant's reliance on the council's representation was unreasonable; there is no requirement in law that reliance must be reasonable if the other elements of estoppel are satisfied. The inspector's error was central to his reasoning and fatal to his decision, which must be quashed.

Citation
[2002] EWHC 2 (Admin)
Parties
Claimant: Downderry Construction Limited; First Defendant: Secretary of State for Transport, Local Government & The Regions; Second Defendant: Caradon District Council
Jurisdiction
England and Wales
Procedural Posture
Judicial Review (s.288 Town and Country Planning Act 1990) / High Court Judgment on Application to Quash Inspector's Decision
Outcome
Claimant's application succeeds; inspector's decision quashed.
Legal Topics
Estoppel by Representation, Estoppel by Convention, Issue Estoppel, Planning Permission, Certificates of Lawfulness, Delegated Authority, Reliance on Representations
Administrative Law Planning Law Public Law Estoppel by Representation Estoppel by Convention Issue Estoppel Planning Permission Certificates of Lawfulness +2 more

Case Brief

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Parties

Downderry Construction Limited

Claimant

Secretary of State for Transport, Local Government & The Regions

First Defendant

Caradon District Council

Second Defendant

Procedural Posture

Judicial Review (s.288 Town and Country Planning Act 1990) / High Court Judgment on Application to Quash Inspector's Decision

Legal Issues

  1. 1 Whether the planning inspector erred in law in finding that the council was not estopped from denying the lawfulness of the development proposed by the claimant on the Phase 2 land
  2. 2 Whether estoppel by representation, issue estoppel, or estoppel by convention applied to prevent the council from denying the existence of planning permission for Phase 2

Ratio Decidendi

The inspector erred in law by holding that estoppel by representation was precluded on the basis that the claimant's reliance on the council's representation was unreasonable; there is no requirement in law that reliance must be reasonable if the other elements of estoppel are satisfied. The inspector's error was central to his reasoning and fatal to his decision, which must be quashed.

Court Disposition

Claimant's application succeeds; inspector's decision quashed.

Orders

  • The inspector's decision of 14 June 2001 is quashed and will fall to be reconsidered.
  • First defendant to pay claimant's costs assessed at £11,150.