Snow v Secretary of State for Communities and Local Government

Snow v Secretary of State for Communities and Local Government

There was no error of law in the Inspector's interpretation of condition 1, which prohibits admission of the public before 9.45 am. The Inspector considered all relevant evidence and reached a conclusion properly open to him. New arguments not raised before the Inspector cannot be advanced in this section 288 application.

Parties
Claimant: Michael John Snow; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: Mansfield District Council
Jurisdiction
England and Wales
Judgment Date
11 February 2015
Procedural Posture
Judicial Review (section 288 Application) / Judgment and Costs Order
Outcome
Claim dismissed
Legal Topics
Variation of Planning Conditions, Interpretation of Planning Permissions, Costs in Judicial Review
Planning Law Administrative Law Variation of Planning Conditions Interpretation of Planning Permissions Costs in Judicial Review

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Parties

Michael John Snow

Claimant

Secretary of State for Communities and Local Government

First Defendant

Mansfield District Council

Second Defendant

Procedural Posture

Judicial Review (section 288 Application) / Judgment and Costs Order

Legal Issues

  1. 1 Whether the Inspector misinterpreted condition 1 of the planning permission
  2. 2 Whether the Inspector's decision was unlawful or contained an error of law
  3. 3 Whether new arguments not raised before the Inspector can be advanced in section 288 proceedings

Ratio Decidendi

There was no error of law in the Inspector's interpretation of condition 1, which prohibits admission of the public before 9.45 am. The Inspector considered all relevant evidence and reached a conclusion properly open to him. New arguments not raised before the Inspector cannot be advanced in this section 288 application.

Court Disposition

Claim dismissed

Orders

  • Claimant to pay defendant's costs, summarily assessed at £6,463, credit given for £1,000 already paid