East Hampshire District Council v Secretary of State for Communities & Local Government
The Inspector correctly identified the breach of policy H16.2, considered material considerations, and exercised planning judgment as required by section 54A. No error of law was found in the Inspector's decision.
- Parties
- Appellant: East Hampshire District Council; First Respondent: The Secretary of State for Communities and Local Government; Second Respondent: Mr A White; Third Respondent: Mrs A White
- Jurisdiction
- England and Wales
- Judgment Date
- 31 January 2008
- Procedural Posture
- Planning Appeal / High Court Appeal Against Inspector's Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Development Plan Policy, Material Considerations, Planning Permission, Local Plan Policy Breach, Costs Assessment
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
East Hampshire District Council
Appellant
The Secretary of State for Communities and Local Government
First Respondent
Mr A White
Second Respondent
Mrs A White
Third Respondent
Procedural Posture
Planning Appeal / High Court Appeal Against Inspector's Decision
Legal Issues
- 1 Whether the Inspector erred in law by failing to properly apply section 54A of the Town and Country Planning Act 1990
- 2 Whether material considerations outweighed the breach of Local Plan Policy H16.2
Ratio Decidendi
The Inspector correctly identified the breach of policy H16.2, considered material considerations, and exercised planning judgment as required by section 54A. No error of law was found in the Inspector's decision.
Court Disposition
Appeal dismissed
Orders
- Appellant to pay respondent's costs assessed at £5,742
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment