DJ Baker v Secretary of State for Communities & Local Government & Anor

DJ Baker v Secretary of State for Communities & Local Government & Anor

There was no procedural unfairness in the Inspector conducting an unaccompanied site visit, as the appellant's agent consented and did not object at the time. No prejudice was occasioned to the appellant, and the Inspector's findings were based on written evidence and site observations sufficient for determination.

Parties
Appellant: DJ Baker; First Respondent: Secretary of State for Communities and Local Government; Second Respondent: Sedgemoor District Council
Jurisdiction
England and Wales
Judgment Date
08 May 2009
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Natural Justice, Procedural Fairness, Site Visits, Planning Enforcement
Administrative Law Planning Law Natural Justice Procedural Fairness Site Visits Planning Enforcement

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

DJ Baker

Appellant

Secretary of State for Communities and Local Government

First Respondent

Sedgemoor District Council

Second Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Inspector's unaccompanied site visit breached the rules of natural justice
  2. 2 Whether there was procedural unfairness in the planning appeal process
  3. 3 Whether any procedural error prejudiced the appellant

Ratio Decidendi

There was no procedural unfairness in the Inspector conducting an unaccompanied site visit, as the appellant's agent consented and did not object at the time. No prejudice was occasioned to the appellant, and the Inspector's findings were based on written evidence and site observations sufficient for determination.

Court Disposition

appeal dismissed

Orders

  • Appellant to pay first respondent's costs, summarily assessed at £5,418, payable within 28 days