Taussig, R (on the application of) v First Secretary of State & Ors

Taussig, R (on the application of) v First Secretary of State & Ors

The inspector failed to ask herself whether exceptional circumstances existed as required by policy HSG 2.9, instead considering only whether granting permission would undermine the purpose of the policy. This was an error of law requiring the decision to be quashed.

Parties
Claimant: Hanna Taussig; First Defendant: First Secretary of State; Second Defendant: Mr Berg; Third Defendant: Mrs Berg; Fourth Defendant: London Borough of Haringey
Jurisdiction
England and Wales
Judgment Date
12 September 2003
Procedural Posture
Judicial Review (planning) / Judgment on Application to Quash Planning Inspector's Decision
Outcome
Application allowed; decision quashed and remitted.
Legal Topics
Judicial Review of Planning Decisions, Interpretation of Development Plan Policies, Costs in Judicial Review
Administrative Law Planning Law Judicial Review of Planning Decisions Interpretation of Development Plan Policies Costs in Judicial Review

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Parties

Hanna Taussig

Claimant

First Secretary of State

First Defendant

Mr Berg

Second Defendant

Mrs Berg

Third Defendant

London Borough of Haringey

Fourth Defendant

Procedural Posture

Judicial Review (planning) / Judgment on Application to Quash Planning Inspector's Decision

Legal Issues

  1. 1 Whether the planning inspector failed to apply policy HSG 2.9 requiring exceptional circumstances for extensions to converted properties
  2. 2 Whether the inspector failed to have regard to relevant Supplementary Planning Guidance (SPG)

Ratio Decidendi

The inspector failed to ask herself whether exceptional circumstances existed as required by policy HSG 2.9, instead considering only whether granting permission would undermine the purpose of the policy. This was an error of law requiring the decision to be quashed.

Court Disposition

Application allowed; decision quashed and remitted.

Orders

  • The planning inspector's decision is quashed and remitted for reconsideration.
  • First Secretary of State to pay the claimant's costs assessed at £9,966.58.