London Borough of Haringey, R (on the application of) v Secretary of State for Communities & Local Government & Anor [2008] EWHC 1201 (Admin) (08 May 2008)

London Borough of Haringey, R (on the application of) v Secretary of State for Communities & Local Government & Anor [2008] EWHC 1201 (Admin) (08 May 2008)

The Inspector proceeded on a material error of fact by assuming the educational use of Units 1a and 2 was authorised without evidence and without giving parties an opportunity to comment, rendering the decision unfair and unlawful.

Citation
[2008] EWHC 1201 (Admin)
Parties
Claimant: London Borough of Haringey; First Defendant: Secretary of State for Communities and Local Government; Second Defendant: O. A Kwateng (Ebenezer Community Learning Centre)
Jurisdiction
England and Wales
Judgment Date
08 May 2008
Procedural Posture
Judicial Review / Statutory Appeal / Judgment on Appeal and Application to Quash
Outcome
appeal and application allowed; Inspector's decision quashed; matter remitted to Secretary of State
Legal Topics
Enforcement Notice, Planning Permission, Material Error of Fact, Procedural Fairness
Planning Law Administrative Law Enforcement Notice Planning Permission Material Error of Fact Procedural Fairness

Case Brief

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Parties

London Borough of Haringey

Claimant

Secretary of State for Communities and Local Government

First Defendant

O. A Kwateng (Ebenezer Community Learning Centre)

Second Defendant

Procedural Posture

Judicial Review / Statutory Appeal / Judgment on Appeal and Application to Quash

Legal Issues

  1. 1 Whether the Inspector erred in law by assuming the educational use of Units 1a and 2 was authorised without evidence
  2. 2 Whether the Inspector's decision was unfair and based on a material error of fact
  3. 3 Whether the Inspector should have given parties an opportunity to comment on the lawfulness of the educational use

Ratio Decidendi

The Inspector proceeded on a material error of fact by assuming the educational use of Units 1a and 2 was authorised without evidence and without giving parties an opportunity to comment, rendering the decision unfair and unlawful.

Court Disposition

appeal and application allowed; Inspector's decision quashed; matter remitted to Secretary of State

Orders

  • Inspector's decision quashed under section 288
  • Appeal against enforcement notice revived before Secretary of State