Cubitt -Smith v Secretary of State for Communities and Local Government & Anor [2012] EWHC 68 (Admin) (24 January 2012)

Cubitt -Smith v Secretary of State for Communities and Local Government & Anor [2012] EWHC 68 (Admin) (24 January 2012)

The Inspector's decision was an exercise of planning judgment, not irrational or affected by mistake of fact or unfairness. The court cannot interfere with such planning judgments unless there is a legal error.

Citation
[2012] EWHC 68 (Admin)
Parties
Claimant: Jennifer Jane Cubitt-Smith; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: London Borough of Wandsworth
Jurisdiction
England and Wales
Judgment Date
24 January 2012
Procedural Posture
Judicial Review Under Section 288 Town and Country Planning Act 1990 / Final Judgment
Outcome
Application dismissed
Legal Topics
Planning Permission, Judicial Review, Mistake of Fact, Planning Judgment, Conservation Area Guidance
Administrative Law Planning Law Planning Permission Judicial Review Mistake of Fact Planning Judgment Conservation Area Guidance

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Parties

Jennifer Jane Cubitt-Smith

Claimant

Secretary of State for Communities and Local Government

First Defendant

London Borough of Wandsworth

Second Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the Inspector's decision regarding the front dormer was irrational
  2. 2 Whether the Inspector's decision regarding the rear extension was affected by mistake of fact or unfairness

Ratio Decidendi

The Inspector's decision was an exercise of planning judgment, not irrational or affected by mistake of fact or unfairness. The court cannot interfere with such planning judgments unless there is a legal error.

Court Disposition

Application dismissed

Orders

  • Claimant's application to quash the Inspector's decision is dismissed