Thompson v First Secretary of State & Anor [2004] EWHC 1492 (Admin) (16 June 2004)

Thompson v First Secretary of State & Anor [2004] EWHC 1492 (Admin) (16 June 2004)

The inspector's decision was vitiated by a material factual error regarding the use and viability of the South Lodge. The inspector attached weight to the mistaken belief that the building was in use, which may have affected the balancing exercise required under PPG15. As it cannot be said that the error could not have affected the result, the decision must be quashed and remitted for fresh determination.

Citation
[2004] EWHC 1492 (Admin)
Parties
Claimant: Graham Thompson; 1st Defendant: First Secretary of State; 2nd Defendant: Barnsley Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
16 June 2004
Procedural Posture
Judicial Review (planning) / Application to Quash Inspector's Decision Under S.288 Town and Country Planning Act 1990 and S.63 Planning (listed Buildings and Conservation Areas) Act 1990
Outcome
Claim allowed; inspector's decision quashed and matter remitted for fresh determination.
Legal Topics
Listed Building Consent, Planning Permission, Procedural Fairness, Inspector's Decision, Economic Viability, Delegated Authority, Judicial Review
Planning Law Administrative Law Listed Building Consent Planning Permission Procedural Fairness Inspector's Decision Economic Viability Delegated Authority +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Graham Thompson

Claimant

First Secretary of State

1st Defendant

Barnsley Metropolitan Borough Council

2nd Defendant

Procedural Posture

Judicial Review (planning) / Application to Quash Inspector's Decision Under S.288 Town and Country Planning Act 1990 and S.63 Planning (listed Buildings and Conservation Areas) Act 1990

Legal Issues

  1. 1 Whether the inspector's decision was affected by a material factual error regarding the use and viability of the South Lodge
  2. 2 Whether the absence of council officers at the hearing prejudiced the claimant's case
  3. 3 Whether the inspector properly applied the balancing exercise required under PPG15 and relevant policies

Ratio Decidendi

The inspector's decision was vitiated by a material factual error regarding the use and viability of the South Lodge. The inspector attached weight to the mistaken belief that the building was in use, which may have affected the balancing exercise required under PPG15. As it cannot be said that the error could not have affected the result, the decision must be quashed and remitted for fresh determination.

Court Disposition

Claim allowed; inspector's decision quashed and matter remitted for fresh determination.

Orders

  • Inspector's decision quashed under s.288 Town and Country Planning Act 1990 and s.63 Planning (Listed Buildings and Conservation Areas) Act 1990.
  • Matter remitted for fresh determination by a different inspector.