The Cheesecake Shop Ltd (Or Masuka the Cheesecake Shop (UK) Ltd) v Secretary of State for Communities & Local Government & Anor

The Cheesecake Shop Ltd (Or Masuka the Cheesecake Shop (UK) Ltd) v Secretary of State for Communities & Local Government & Anor

The Inspector’s decision was quashed because there was no evidence before her to justify the conclusion that granting planning permission would prejudice the comprehensive redevelopment scheme by increasing its cost. The Inspector’s reliance on increased acquisition cost as prejudicial was not supported by evidence and was material to her decision.

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 Appeal (section 288 Town and Country Planning Act 1990) / High Court Judgment
Outcome
Inspector’s decisions quashed; reconsideration ordered; costs awarded to Claimant.
Legal Topics
Material Considerations in Planning Decisions, Judicial Review of Administrative Decisions, Statutory Appeals Under Town and Country Planning Act 1990, Land Compensation and Compulsory Acquisition
Planning Law Administrative Law Material Considerations in Planning Decisions Judicial Review of Administrative Decisions Statutory Appeals Under Town and Country Planning Act 1990 Land Compensation and Compulsory Acquisition

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 Appeal (section 288 Town and Country Planning Act 1990) / High Court Judgment

Legal Issues

  1. 1 Whether the Inspector took into account an immaterial consideration in refusing planning permission
  2. 2 Whether there was evidence to support the Inspector's conclusion that the proposed development would prejudice comprehensive redevelopment
  3. 3 Whether the Inspector's decision was procedurally unfair

Ratio Decidendi

The Inspector’s decision was quashed because there was no evidence before her to justify the conclusion that granting planning permission would prejudice the comprehensive redevelopment scheme by increasing its cost. The Inspector’s reliance on increased acquisition cost as prejudicial was not supported by evidence and was material to her decision.

Court Disposition

Inspector’s decisions quashed; reconsideration ordered; costs awarded to Claimant.

Orders

  • The Inspector’s decision refusing planning permission is quashed.
  • The Inspector’s decision refusing costs is quashed.