High Court quashes Inspector's decision for failure to take into account unilateral undertaking

The High Court (Eyre J) has quashed a decision by a Planning Inspector for failing to take into account a unilateral undertaking providing affordable housing – concluding that this decision was irrational, and that inadequate reasons had been given for the decision.

Amongst other things, the judgment considers:

• The approach to be taken in a reasons challenge to witness statements provided by an Inspector, post-decision, but relying on events that took place pre-decision.
• The role of “draft decision letters” – in particular, in considering a defence that any error would not have made a difference to the outcome.
• Advice given in the Inspector’s Training Manual, finding that “it is indicative of the course which a rational Inspector would normally be expected to follow” (at [77]).
• The application of the Simplex test in the context of a reasons challenge.

A copy of the judgment is available here.

Andrew Parkinson appeared for the Claimant, instructed by Howes Percival.

Heather Sargent appeared for the Secretary of State, instructed by GLD.