Phelps v First Secretary of State London Borough of Bromley & Ors [2009] EWHC 1676 (Admin) (10 July 2009)

Phelps v First Secretary of State London Borough of Bromley & Ors [2009] EWHC 1676 (Admin) (10 July 2009)

Appellant failed to establish an uncontentious error of fact in the inspector's calculation of cubic volume; no error of law occurred. Appeal dismissed.

Citation
[2009] EWHC 1676 (Admin)
Parties
Appellant: Gary Phelps; 1st Respondent: First Secretary of State; 2nd Respondent: London Borough of Bromley
Jurisdiction
England and Wales
Judgment Date
10 July 2009
Procedural Posture
Appeal Under Section 289 Town and Country Planning Act 1990 / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Enforcement Notice Appeal, Permitted Development, Material Error of Fact, Calculation of Cubic Volume
Planning Law Administrative Law Enforcement Notice Appeal Permitted Development Material Error of Fact Calculation of Cubic Volume

Case Brief

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Parties

Gary Phelps

Appellant

First Secretary of State

1st Respondent

London Borough of Bromley

2nd Respondent

Procedural Posture

Appeal Under Section 289 Town and Country Planning Act 1990 / Judgment on Appeal

Legal Issues

  1. 1 Whether inspector made a material error of fact in calculating cubic volume of extension
  2. 2 Whether error of fact amounts to error of law
  3. 3 Whether extension exceeded permitted development tolerances

Ratio Decidendi

Appellant failed to establish an uncontentious error of fact in the inspector's calculation of cubic volume; no error of law occurred. Appeal dismissed.

Court Disposition

Appeal dismissed