Phillips v First Secretary of State & Ors

Phillips v First Secretary of State & Ors

Procedural unfairness occurred because Hutchison 3G changed its stated search area for alternative sites from 200 metres to 400 metres diameter in appeal representations, and the claimant was denied an opportunity to make representations on the wider area. Alternative sites were a material consideration under PPG8 and the development plan. The inspector's decision was therefore quashed and remitted for reconsideration.

Parties
Claimant: Jodie Phillips; Defendant: First Secretary of State; Defendant: Havant Borough Council; Defendant: Hutchison 3G (UK) Limited
Jurisdiction
England and Wales
Judgment Date
22 October 2003
Procedural Posture
Judicial Review / Final Judgment and Post Judgment Costs Discussion
Outcome
Claim allowed; inspector's decision quashed and remitted for reconsideration.
Legal Topics
Procedural Fairness, Town and Country Planning, Telecommunications Infrastructure, Material Considerations in Planning, Policy Guidance Interpretation
Administrative Law Planning Law Procedural Fairness Town and Country Planning Telecommunications Infrastructure Material Considerations in Planning Policy Guidance Interpretation

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

Parties

Jodie Phillips

Claimant

First Secretary of State

Defendant

Havant Borough Council

Defendant

Hutchison 3G (UK) Limited

Defendant

Procedural Posture

Judicial Review / Final Judgment and Post Judgment Costs Discussion

Legal Issues

  1. 1 Whether procedural unfairness occurred due to a change in the stated search area for alternative sites by Hutchison 3G
  2. 2 Whether alternative sites were a material consideration under planning law and policy
  3. 3 Whether the claimant was substantially prejudiced by not being able to comment on the changed case

Ratio Decidendi

Procedural unfairness occurred because Hutchison 3G changed its stated search area for alternative sites from 200 metres to 400 metres diameter in appeal representations, and the claimant was denied an opportunity to make representations on the wider area. Alternative sites were a material consideration under PPG8 and the development plan. The inspector's decision was therefore quashed and remitted for reconsideration.

Court Disposition

Claim allowed; inspector's decision quashed and remitted for reconsideration.

Orders

  • Inspector's decision quashed.
  • Matter remitted to Secretary of State for reconsideration.