Davey, R (on the application of) v First Secretary of State & Anor

Davey, R (on the application of) v First Secretary of State & Anor

The inspector's decision was a matter of planning judgment, adequately reasoned, and not perverse or unreasonable. No error of law or procedure was established. Allegations of bias were raised too late and not substantiated.

Parties
Claimant: James Davey; First Defendant: First Secretary of State; Second Defendant: St Albans District Council
Jurisdiction
England and Wales
Judgment Date
12 October 2005
Procedural Posture
Judicial Review (section 288 Town and Country Planning Act 1990) / Judgment After Substantive Hearing
Outcome
Application refused; costs awarded to first defendant, summarily assessed.
Legal Topics
Judicial Review of Planning Decisions, Section 288 Challenge, Planning Permission Refusal, Procedural Fairness, Costs Assessment
Administrative Law Planning Law Judicial Review of Planning Decisions Section 288 Challenge Planning Permission Refusal Procedural Fairness Costs Assessment

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Parties

James Davey

Claimant

First Secretary of State

First Defendant

St Albans District Council

Second Defendant

Procedural Posture

Judicial Review (section 288 Town and Country Planning Act 1990) / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the inspector's decision to dismiss the planning appeal was unreasonable or perverse
  2. 2 Whether there was an error of law or procedure in the inspector's decision
  3. 3 Whether the inspector's reasoning was inadequate

Ratio Decidendi

The inspector's decision was a matter of planning judgment, adequately reasoned, and not perverse or unreasonable. No error of law or procedure was established. Allegations of bias were raised too late and not substantiated.

Court Disposition

Application refused; costs awarded to first defendant, summarily assessed.

Orders

  • Application under section 288 Town and Country Planning Act 1990 refused.
  • Claimant to pay first defendant's costs, summarily assessed at £2,330.