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Secretary of State for Communities and Local Government v Rastrum Ltd [2009] EWCA Civ 1340

DATE: 12 Nov 2009

This was the Secretary of State's appeal against the decision of Sir George Newman, who had quashed the decision of a planning inspector, dismissing Rastrum's appeal against the LPA's refusal to issue a Certificate of Lawfulness for a substantial development at Rye Harbour. The case concerned the application of the Whitley principle to an outline permission when conditions relating to the approval of various reserved mattes had not been discharged. The Court of Appeal allowed the appeal and restored the Inspector's decision. Paul Brown QC acted for the Secretary of State.