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

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

The Inspector did not err in law, fail to take into account material considerations, or give inadequate reasons. The Inspector applied the correct policy and legal principles, and the decision was within the range of reasonable responses. No error of law or procedural unfairness was established.

Parties
Claimant: Dr James Fowler; 1st Defendant: Secretary of State for Communities and Local Government; 2nd Defendant: London Borough of Ealing
Jurisdiction
England and Wales
Judgment Date
10 June 2009
Procedural Posture
Judicial Review / Statutory Appeal / Judgment After Full Hearing
Outcome
Appeal dismissed
Legal Topics
Listed Building Consent, Planning Permission, Tree Preservation Orders, Judicial Review, Costs
Planning Law Administrative Law Listed Building Consent Planning Permission Tree Preservation Orders Judicial Review Costs

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Parties

Dr James Fowler

Claimant

Secretary of State for Communities and Local Government

1st Defendant

London Borough of Ealing

2nd Defendant

Procedural Posture

Judicial Review / Statutory Appeal / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the Inspector's decision to refuse listed building consent and planning permission was vitiated by error of law or failure to comply with statutory requirements
  2. 2 Whether the Inspector failed to take into account material considerations or gave inadequate reasons
  3. 3 Whether the Inspector applied the correct policy and legal principles in determining the appeals

Ratio Decidendi

The Inspector did not err in law, fail to take into account material considerations, or give inadequate reasons. The Inspector applied the correct policy and legal principles, and the decision was within the range of reasonable responses. No error of law or procedural unfairness was established.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed against the Inspector's decision on both listed building consent and planning permission.
  • Claimant to pay the Secretary of State's costs summarily assessed at £5,500.