Home > Cases > Benson v Secretary of State for Communities and Local Government [2018] EWHC 2354 (Admin)

Statutory appeal against the decision of a Planning Inspector on an enforcement notice appeal under section 289 of the Town and Country Planning Act 1990 on two grounds: (1) the Inspector failed to properly exercise his discretion in refusing to consider late evidence produced on the day of the planning inquiry, and (2) the Inspector failed to give reasons for his refusal to consider the late evidence.

Given the previous order granting permission for cross-examination, all witnesses gave evidence at the hearing. The Judge found that the Inspector had not failed to exercise his discretion correctly in refusing to admit extra documents as evidence, and dismissed the appeal.

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