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Secretary of State for Communities & Local Government v Proudfoot Properties

DATE: 19 Mar 2013

Stephen Whale successfully represented the Secretary of State in the Court of Appeal, overturning the judgment of Mrs Justice Lang.  The origins of the case begin with an application by Proudfoot Properties dated 1 March 2010 for planning permission for residential development in the area of Wealden District Council.  The Council refused the application, and the Secretary of State’s appointed Inspector upheld that refusal on appeal.  The developer successfully challenged the Inspector’s decision in the High Court under section 288 of the Town and Country Planning Act 1990, on the grounds that the reasons were inadequate, leading to the quashing of the Inspector’s decision.  The Court of Appeal concluded that the Inspector’s reasons were adequate, setting aside the quashing order of the High Court and restoring the Inspector’s decision.