Green, R (on the application of) v Secretary of State for Communities & Local Government & Anor

Green, R (on the application of) v Secretary of State for Communities & Local Government & Anor

The Inspector's decision was lawful, all relevant documents and policies were considered, appeal C was invalid as there was no right of appeal, and estoppel and legitimate expectation do not apply in this context.

Parties
Claimant: Simon Green; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Chichester District Council
Jurisdiction
England and Wales
Judgment Date
27 January 2011
Procedural Posture
Judicial Review (section 288 Application) / Final Judgment
Outcome
Application dismissed
Legal Topics
Planning Permission, Permitted Development, Judicial Review, Estoppel, Legitimate Expectation
Administrative Law Planning Law Planning Permission Permitted Development Judicial Review Estoppel Legitimate Expectation

Case Brief

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Parties

Simon Green

Claimant

Secretary of State for Communities and Local Government

First Defendant

Chichester District Council

Second Defendant

Procedural Posture

Judicial Review (section 288 Application) / Final Judgment

Legal Issues

  1. 1 Whether the Inspector failed to use the final set of documents provided by the claimant
  2. 2 Whether the Inspector failed to make a decision on appeal C
  3. 3 Whether the Inspector failed to take into account or attach sufficient weight to relevant planning policies and/or gave insufficient reasoning

Ratio Decidendi

The Inspector's decision was lawful, all relevant documents and policies were considered, appeal C was invalid as there was no right of appeal, and estoppel and legitimate expectation do not apply in this context.

Court Disposition

Application dismissed

Orders

  • Claimant to pay First Defendant's costs in the sum of £9,068