Antler Homes Wessex Ltd, R (on the application of) v Secretary of State for Communities & Local Government & Anor [2008] EWHC 951 (Admin) (16 April 2008)

The Inspector lawfully exercised planning judgment in refusing permission based on the intensity and character of the proposed development, and reliance on views from the footpath did not amount to procedural unfairness or error of law.

Citation: [2008] EWHC 951 (Admin)
Parties: Claimant: Antler Homes Wessex Limited; 1st Defendant: Secretary of State for Communities and Local Government; 2nd Defendant: East Hampshire District Council
Jurisdiction: England and Wales
Judgment Date: 16 April 2008
Procedural Posture: Judicial Review Under Section 288 Town and Country Planning Act 1990 / Final Judgment
Outcome: Claim dismissed
Legal Topics: Planning Permission, Settlement Policy Boundary, Backland Development, Procedural Fairness

Administrative Law Planning Law Planning Permission Settlement Policy Boundary Backland Development Procedural Fairness

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Parties

Antler Homes Wessex Limited

Claimant

Secretary of State for Communities and Local Government

1st Defendant

East Hampshire District Council

2nd Defendant

Procedural Posture

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

Legal Issues

1 Whether the Inspector erred in law by refusing planning permission for backland development within the Settlement Policy Boundary
2 Whether procedural unfairness occurred due to reliance on views from a public footpath

Ratio Decidendi

Court Disposition

Claim dismissed

Orders

Claim dismissed
Summary assessment of costs in favour of Secretary of State for Communities and Local Government in the sum of £6,288