Landmark Chambers

Home > Resources > Cases


Hayden-Cook v. Secretary of State for Communities and Local Government [2010] EWHC 2551 (Admin)

DATE: 04 Oct 2010

S.288 challenge concerning the circumstances in which planning permission may be refused for beneficial development in the Green Belt on the basis that an alternative, smaller scheme may deliver the same benefits. Sales J held that the existence of a possible alternative was a material consideration and that the Inspector in refusing permission on that basis did not need to spell out explicitly that he had taken into account the possible delay and uncertainty that would result from requiring the applicant to draw up a new scheme.

Tim Mould QC and Charles Banner appeared for the Claimant, instructed by Barlow Robbins LLP.