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

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

The Inspector's failure to conduct a site visit as required by the rules constituted a procedural irregularity and fundamental unfairness, depriving the Claimant of a fair hearing. The irregularity was material as a site inspection might have affected the Inspector's conclusions. The appeal decision must be set aside.

Parties
Claimant: Tanya Payne; First Respondent: Secretary of State for Communities and Local Government; Second Respondent: Royal Borough of Windsor and Maidenhead Council
Jurisdiction
England and Wales
Judgment Date
09 December 2010
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Appeal allowed; decision quashed
Legal Topics
Procedural Fairness, Site Inspection, Planning Appeals, Natural Justice
Administrative Law Planning Law Procedural Fairness Site Inspection Planning Appeals Natural Justice

Case Brief

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Parties

Tanya Payne

Claimant

Secretary of State for Communities and Local Government

First Respondent

Royal Borough of Windsor and Maidenhead Council

Second Respondent

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Inspector's failure to conduct a site visit as required by the Town and Country Planning (Hearing Procedure) (England) Rules 2000 amounted to procedural unfairness
  2. 2 Whether the procedural irregularity was material to the outcome of the planning appeal

Ratio Decidendi

The Inspector's failure to conduct a site visit as required by the rules constituted a procedural irregularity and fundamental unfairness, depriving the Claimant of a fair hearing. The irregularity was material as a site inspection might have affected the Inspector's conclusions. The appeal decision must be set aside.

Court Disposition

Appeal allowed; decision quashed

Orders

  • The Secretary of State's decision is quashed for procedural irregularity and unfairness.
  • Claimant awarded costs subject to detailed assessment if not agreed.