Benn, R (on the application of) v Secretary of State for Communities and Local Government & Anor

Benn, R (on the application of) v Secretary of State for Communities and Local Government & Anor

The Inspector did not err in law in concluding, on the limited financial evidence before him, that the business was not shown to be unviable. The High Court cannot consider new evidence not before the Inspector in a section 288 challenge.

Parties
Claimant: Mr Benn; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Hambleton District Council
Jurisdiction
England and Wales
Judgment Date
14 February 2011
Procedural Posture
Judicial Review (section 288 Town and Country Planning Act 1990) / Judgment After Substantive Hearing
Outcome
Application dismissed
Legal Topics
Judicial Review of Planning Decisions, Financial Viability in Planning Applications, Error of Law by Planning Inspector
Administrative Law Planning Law Judicial Review of Planning Decisions Financial Viability in Planning Applications Error of Law by Planning Inspector

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Parties

Mr Benn

Claimant

Secretary of State for Communities and Local Government

First Defendant

Hambleton 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 erred in law in finding insufficient evidence of financial non-viability to justify change of use
  2. 2 Whether the High Court can consider new evidence not before the Inspector in a section 288 challenge

Ratio Decidendi

The Inspector did not err in law in concluding, on the limited financial evidence before him, that the business was not shown to be unviable. The High Court cannot consider new evidence not before the Inspector in a section 288 challenge.

Court Disposition

Application dismissed

Orders

  • Application under section 288 Town and Country Planning Act 1990 dismissed
  • Claimant to pay First Defendant's costs summarily assessed at £2,348