The Cheesecake Shop Ltd (Or Masuka the Cheesecake Shop (UK) Ltd) v Secretary of State for Communities & Local Government & Anor [2009] EWHC 1748 (Admin) (20 July 2009)

The Cheesecake Shop Ltd (Or Masuka the Cheesecake Shop (UK) Ltd) v Secretary of State for Communities & Local Government & Anor [2009] EWHC 1748 (Admin) (20 July 2009)

The Inspector's decision was quashed because there was no evidence to justify the conclusion that granting planning permission would prejudice the comprehensive redevelopment scheme by increasing its costs; the Inspector attached importance to this aspect, which was material to her decision.

Citation
[2009] EWHC 1748 (Admin)
Parties
Claimant: The Cheesecake Shop Limited (or Masuka The Cheesecake Shop (UK) Limited); First Defendant: The Secretary of State for Communities and Local Government; Second Defendant: The City of Nottingham Council
Jurisdiction
England and Wales
Judgment Date
20 July 2009
Procedural Posture
Judicial Review and Statutory Challenge Under Section 288 Town and Country Planning Act 1990 / Final Judgment
Outcome
Inspector's decisions quashed; reconsideration of appeal ordered; costs awarded to Claimant.
Legal Topics
Material Considerations in Planning Decisions, Land Use Consequences, Compensation Under Land Compensation Act 1961, Procedural Fairness, Employment Considerations in Planning
Administrative Law Planning Law Material Considerations in Planning Decisions Land Use Consequences Compensation Under Land Compensation Act 1961 Procedural Fairness Employment Considerations in Planning

Case Brief

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Parties

The Cheesecake Shop Limited (or Masuka The Cheesecake Shop (UK) Limited)

Claimant

The Secretary of State for Communities and Local Government

First Defendant

The City of Nottingham Council

Second Defendant

Procedural Posture

Judicial Review and Statutory Challenge Under Section 288 Town and Country Planning Act 1990 / Final Judgment

Legal Issues

  1. 1 Whether the Inspector took into account an immaterial consideration in planning refusal
  2. 2 Whether there was evidence to justify the Inspector's conclusion of prejudice to comprehensive redevelopment
  3. 3 Whether procedural unfairness occurred

Ratio Decidendi

The Inspector's decision was quashed because there was no evidence to justify the conclusion that granting planning permission would prejudice the comprehensive redevelopment scheme by increasing its costs; the Inspector attached importance to this aspect, which was material to her decision.

Court Disposition

Inspector's decisions quashed; reconsideration of appeal ordered; costs awarded to Claimant.

Orders

  • Quashing order for Inspector's planning decision
  • Quashing order for Inspector's costs decision