High Court quashes inspector’s decision in case involving challenges under both sections 288 and 289 TCPA 1990 – No. 5 Chambers

‘Planning analysis: In considering challenges under sections 288 and 289 of the Town and Country Planning Act 1990 (TCPA 1990) heard together, the High Court quashed an inspector’s decision to uphold an appeal against an enforcement notice and to grant planning permission. The TCPA 1990, s 289 challenge had been conceded in advance of the hearing, but the parties disagreed about whether the inspector’s decision should be quashed in its entirety as a consequence. Mrs Justice Lang allowed the TCPA 1990, s 288 challenge on the basis of failures in the inspector’s consideration of development plan policies, but said that she would have quashed the decision anyway.’

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No. 5 Chambers, 8th April 2021

Source: www.no5.com