Thompson v First Secretary of State & Anor

Thompson v First Secretary of State & Anor

The inspector's decision was affected by a material factual error regarding the use and viability of the South Lodge. It cannot be said that the error could not have affected the result. Procedural fairness required the inspector to have all relevant information. The decision must be quashed and remitted for fresh determination.

Parties
Claimant: Graham Thompson; 1st Defendant: First Secretary of State; 2nd Defendant: Barnsley Metropolitan Borough Council
Jurisdiction
England and Wales
Judgment Date
16 June 2004
Procedural Posture
Judicial Review / Statutory Appeal / Judgment on Application to Quash Planning and Listed Building Decision
Outcome
Claim allowed; inspector's decision quashed and matter remitted for fresh determination.
Legal Topics
Town and Country Planning, Listed Buildings, Judicial Review, Procedural Fairness
Planning Law Administrative Law Town and Country Planning Listed Buildings Judicial Review Procedural Fairness

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 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Graham Thompson

Claimant

First Secretary of State

1st Defendant

Barnsley Metropolitan Borough Council

2nd Defendant

Procedural Posture

Judicial Review / Statutory Appeal / Judgment on Application to Quash Planning and Listed Building Decision

Legal Issues

  1. 1 Whether the inspector's decision was affected by factual error regarding the use and viability of the South Lodge
  2. 2 Whether the inspector failed to have all material facts before him
  3. 3 Whether the process was procedurally fair

Ratio Decidendi

The inspector's decision was affected by a material factual error regarding the use and viability of the South Lodge. It cannot be said that the error could not have affected the result. Procedural fairness required the inspector to have all relevant information. The decision must be quashed and remitted for fresh determination.

Court Disposition

Claim allowed; inspector's decision quashed and matter remitted for fresh determination.

Orders

  • Inspector's decision quashed.
  • Matter remitted for fresh determination.