Cubitt -Smith v Secretary of State for Communities and Local Government & Anor

Cubitt -Smith v Secretary of State for Communities and Local Government & Anor

The Inspector's decision was a lawful exercise of planning judgment, not irrational or vitiated by mistake of fact or unfairness. The court cannot substitute its own view for that of the decision maker.

Parties
Claimant: Jennifer Jane Cubitt-Smith; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: London Borough of Wandsworth
Jurisdiction
England and Wales
Judgment Date
24 January 2012
Procedural Posture
Judicial Review (planning) / Judgment on Application to Quash Planning Decision
Outcome
Application dismissed
Legal Topics
Judicial Review of Planning Decisions, Section 288 Town and Country Planning Act 1990, Mistake of Fact, Planning Judgment, Weight of Considerations
Planning Law Administrative Law Judicial Review of Planning Decisions Section 288 Town and Country Planning Act 1990 Mistake of Fact Planning Judgment Weight of Considerations

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Parties

Jennifer Jane Cubitt-Smith

Claimant

Secretary of State for Communities and Local Government

First Defendant

London Borough of Wandsworth

Second Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the Inspector's decision regarding the front dormer was irrational
  2. 2 Whether the Inspector made a mistake of fact regarding objections to the rear extension
  3. 3 Whether there was unfairness arising from a mistake of fact

Ratio Decidendi

The Inspector's decision was a lawful exercise of planning judgment, not irrational or vitiated by mistake of fact or unfairness. The court cannot substitute its own view for that of the decision maker.

Court Disposition

Application dismissed

Orders

  • Claimant's application to quash the Inspector's decision is dismissed.