Home > Cases > Thornhill Estates v. Secretary of State for Communities and Local Government [2018] EWHC 3663 (Admin)

High Court challenge under s.288 of the Town and Country Planning Act 1990 to the decision of the Secretary of State, contrary to recommendations of his reporting Inspector, to refuse planning permission for 300 dwellings at Bagley Lane, Farsley, Leeds.

Following a one-day High Court hearing, Waksman J. held that the Claimant’s allegation that the reasoning in the Secretary of State’s decision letter for departing from the Inspector’s recommendation was irrational, in stating that certain highway improvements associated with the proposed development “do not constitute benefits in the planning balance“, was based upon an over literal reading of the relevant passage which paid insufficient regard to its context with the rest of the decision letter.

Charles Banner (instructed by the Government Legal Department) appeared for the successful defendant, the Secretary of State of Housing, Communities and Local Government.

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