0
This was a judicial review arising out of the mistaken issue of an Inspector’s decision letter allowing Gleeson Homes’ planning appeal and granting permission for a 180-dwelling residential development in Malmesbury, Wiltshire. At the time when the decision letter was issued, the Secretary of State had already decided to recover the appeal for his own determination and his office had communicated that decision by email to the Planning Inspectorate. The recipient of that message was, however, on leave and by coincidence on the same afternoon the Inspector sent his decision letter to the Inspectorate’s despatch office for it to be released, which, in ignorance of the Secretary of State’s decision to recover, it duly was. The mistake was discovered shortly afterwards and on the next day a letter was sent to the parties to the appeal stating that the Inspector’s decision had been issued in error and was withdrawn. On the following day, the Planning Inspectorate issued a further letter providing the parties with formal notice of the recovery direction and the reason for it. Cranston J. had held at first instance that the Secretary of State had acted lawfully and dismissed Gleeson’s claim (click here for details). The Court of Appeal (Laws, Sullivan & Ryder LJJ) allowed the appeal. They held that:
