Parker v Secretary of State for Communities & Local Government & Ors

Parker v Secretary of State for Communities & Local Government & Ors

The inspector failed to provide adequate reasons for concluding that the site was an 'existing site' within the meaning of policy EM10, leaving substantial doubt as to whether he properly directed himself on the relevant factors and applied the policy lawfully. This failure caused substantial prejudice to the appellant and warranted quashing the decision.

Parties
Appellant: Mr Michael Jonathan Parker; First Respondent: Secretary of State for Communities & Local Government; Second Respondent: Rother District Council; Third Respondent: Mr Peter Bull
Jurisdiction
England and Wales
Judgment Date
29 April 2010
Procedural Posture
Civil Appeal / Judgment on Appeal From High Court (administrative Court)
Outcome
Appeal allowed; inspector's decision quashed.
Legal Topics
Planning Permission, Interpretation of Development Plan Policy, Adequacy of Reasons in Administrative Decisions
Planning Law Administrative Law Planning Permission Interpretation of Development Plan Policy Adequacy of Reasons in Administrative Decisions

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Parties

Mr Michael Jonathan Parker

Appellant

Secretary of State for Communities & Local Government

First Respondent

Rother District Council

Second Respondent

Mr Peter Bull

Third Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From High Court (administrative Court)

Legal Issues

  1. 1 Whether the inspector properly construed and applied policy EM10 of the Rother District Local Plan
  2. 2 Whether the inspector gave adequate reasons for his decision
  3. 3 Whether the inspector's conclusion that the site was an 'existing site' within the meaning of EM10 was open to him on the evidence

Ratio Decidendi

The inspector failed to provide adequate reasons for concluding that the site was an 'existing site' within the meaning of policy EM10, leaving substantial doubt as to whether he properly directed himself on the relevant factors and applied the policy lawfully. This failure caused substantial prejudice to the appellant and warranted quashing the decision.

Court Disposition

Appeal allowed; inspector's decision quashed.

Orders

  • Inspector's decision quashed.