Connolly & Ors v Secretary of State for Communities and Local Government

Connolly & Ors v Secretary of State for Communities and Local Government

The inspector's decision was vitiated by procedural unfairness arising from a mistake of fact: Havering failed to provide the inspector with the full and material planning history, specifically its refusal of a materially identical proposal (P1651.06). This omission was not the fault of the Connollys and played a material part in the inspector's reasoning. The appeal was therefore properly quashed.

Parties
Appellant / Defendant: Secretary of State for Communities and Local Government; Respondent / Claimant: Brian Connolly; Respondent / Claimant: Alison Connolly; Third Respondent / Defendant: Havering LBC
Jurisdiction
England and Wales
Judgment Date
15 October 2009
Procedural Posture
Civil Appeal / Appeal From High Court (administrative Court) to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Procedural Fairness, Mistake of Fact, Judicial Review, Planning Appeals
Administrative Law Planning Law Procedural Fairness Mistake of Fact Judicial Review Planning Appeals

Case Brief

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Parties

Secretary of State for Communities and Local Government

Appellant / Defendant

Brian Connolly

Respondent / Claimant

Alison Connolly

Respondent / Claimant

Havering LBC

Third Respondent / Defendant

Procedural Posture

Civil Appeal / Appeal From High Court (administrative Court) to Court of Appeal

Legal Issues

  1. 1 Whether the inspector's decision should be quashed due to failure to consider relevant planning history (application P1651.06)
  2. 2 Whether new evidence not before the inspector can be considered to establish procedural unfairness

Ratio Decidendi

The inspector's decision was vitiated by procedural unfairness arising from a mistake of fact: Havering failed to provide the inspector with the full and material planning history, specifically its refusal of a materially identical proposal (P1651.06). This omission was not the fault of the Connollys and played a material part in the inspector's reasoning. The appeal was therefore properly quashed.

Court Disposition

appeal dismissed

Orders

  • The inspector's decision is quashed.
  • The matter is remitted to the Secretary of State for further consideration.