Hopkins Development Ltd v Secretary of State for Communities and Local Government & Anor [2013] EWHC 1783 (Admin) (25 June 2013)

Hopkins Development Ltd v Secretary of State for Communities and Local Government & Anor [2013] EWHC 1783 (Admin) (25 June 2013)

The inspector's failure to notify the parties that character, appearance, and sustainability were significant issues, and failure to give the applicants opportunity to address them, amounted to a breach of natural justice; the decision must be quashed.

Citation
[2013] EWHC 1783 (Admin)
Parties
Claimant: Hopkins Development Limited; 1st Defendant: Secretary of State for Communities and Local Government; 2nd Defendant: South Somerset District Council
Jurisdiction
England and Wales
Judgment Date
25 June 2013
Procedural Posture
Judicial Review Under Section 288 Town and Country Planning Act 1990 / Final Judgment
Outcome
Decision quashed
Legal Topics
Natural Justice, Procedural Fairness, Planning Appeals, Housing Supply, Sustainable Development
Administrative Law Planning Law Natural Justice Procedural Fairness Planning Appeals Housing Supply Sustainable Development

Case Brief

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Parties

Hopkins Development Limited

Claimant

Secretary of State for Communities and Local Government

1st Defendant

South Somerset District Council

2nd Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the inspector breached natural justice by relying on new grounds not previously identified
  2. 2 Whether the parties had fair opportunity to address determinative issues

Ratio Decidendi

The inspector's failure to notify the parties that character, appearance, and sustainability were significant issues, and failure to give the applicants opportunity to address them, amounted to a breach of natural justice; the decision must be quashed.

Court Disposition

Decision quashed

Orders

  • Inspector's decision quashed