Connolly & Ors v Secretary of State for Communities and Local Government [2009] EWCA Civ 1059 (15 October 2009)

Connolly & Ors v Secretary of State for Communities and Local Government [2009] EWCA Civ 1059 (15 October 2009)

The inspector's decision was made in ignorance of a material part of the planning history due to the local authority's failure to disclose its refusal of a materially identical application; this omission constituted a mistake of fact giving rise to procedural unfairness, warranting the quashing of the decision.

Citation
[2009] EWCA Civ 1059
Parties
Respondent / Claimant: Brian Connolly; Respondent / Claimant: Alison Connolly; Third Respondent / Defendant: Havering LBC; Appellant / Defendant: Secretary of State for Communities and Local Government
Jurisdiction
England and Wales
Judgment Date
15 October 2009
Procedural Posture
Appeal / Court of Appeal (civil Division) on Appeal From the Administrative Court
Outcome
Appeal dismissed
Legal Topics
Procedural Fairness, Mistake of Fact, Planning Appeals, Judicial Review, Disclosure Obligations
Administrative Law Planning Law Procedural Fairness Mistake of Fact Planning Appeals Judicial Review Disclosure Obligations

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Brian Connolly

Respondent / Claimant

Alison Connolly

Respondent / Claimant

Havering LBC

Third Respondent / Defendant

Secretary of State for Communities and Local Government

Appellant / Defendant

Procedural Posture

Appeal / Court of Appeal (civil Division) on Appeal From the Administrative Court

Legal Issues

  1. 1 Whether the inspector's decision should be quashed due to failure to disclose full planning history
  2. 2 Whether new evidence can render the omission immaterial

Ratio Decidendi

The inspector's decision was made in ignorance of a material part of the planning history due to the local authority's failure to disclose its refusal of a materially identical application; this omission constituted a mistake of fact giving rise to procedural unfairness, warranting the quashing of the decision.

Court Disposition

Appeal dismissed

Orders

  • Inspector's decision quashed
  • Matter remitted to the Secretary of State for further consideration