South Bucks DC and another v Porter (No 2)
Series: Weekly Law Reports ; [2004] 1 WLR 1953-1970(18)Publication details: 2004Subject(s): Online resources: Summary: [2004] UKHL 33, 1 July 2004. Appeal by appellant (P) against CA decision ([2003] EWCA Civ 687, [2004] JPL 207) which overturned the HC judgment ([2002] EWHC 2136 (Admin), [2002] All ER (D) 342 (Oct)) dismissing S's application under the Town and Country Planning Act 1990 s288 to quash a decision of the SoS given by his appointed inspector. Prior to the HC determination, the inspector had granted planning permission subject to two special conditions including one personal to P which took into account her status as a gypsy, the unavailability of alternative sites and chronic ill-health as outlined in para 16. The HC upheld the planning permission but the CA allowed S's appeal under the Town and Country Planning Act 1990 s288 on the basis that the decision was "ultra vires" and the inspector had failed to give adequate reasons. P appealed with support of SoS. HL overturned CA decision upholding the HC judgement. The planning inspector's reasons for granting planning permission was clear and ample. (See also Abs66831, Abs65647, Abs66547 and Abs67756). View judgment at www.parliament.the-stationery-office.co.uk.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS68049 (Browse shelf(Opens below)) | 1 | Available | 126730-1001 | |
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 126730-3001 |
[2004] UKHL 33, 1 July 2004. Appeal by appellant (P) against CA decision ([2003] EWCA Civ 687, [2004] JPL 207) which overturned the HC judgment ([2002] EWHC 2136 (Admin), [2002] All ER (D) 342 (Oct)) dismissing S's application under the Town and Country Planning Act 1990 s288 to quash a decision of the SoS given by his appointed inspector. Prior to the HC determination, the inspector had granted planning permission subject to two special conditions including one personal to P which took into account her status as a gypsy, the unavailability of alternative sites and chronic ill-health as outlined in para 16. The HC upheld the planning permission but the CA allowed S's appeal under the Town and Country Planning Act 1990 s288 on the basis that the decision was "ultra vires" and the inspector had failed to give adequate reasons. P appealed with support of SoS. HL overturned CA decision upholding the HC judgement. The planning inspector's reasons for granting planning permission was clear and ample. (See also Abs66831, Abs65647, Abs66547 and Abs67756). View judgment at www.parliament.the-stationery-office.co.uk.