[2005] EWCA Civ 1360, 16 November 2005. Concerns the right to quash a planning inspector's refusal to grant planning permission where the judge had entered the field of planning merits and exceeded his powers. Appeal by S against a decision ([2005] EWHC 187 (Admin, unreported) quashing the decision of a planning inspector appointed by S in respect of a planning application by H to change the use of part of a building from employment use to leisure use. S contended that the inspector's decision was irrational and was not justified by the reasons he gave or the evidence submitted to him "Held": appeal allowed. The inspector could legitimately conclude that the site should be retained for future employment requirements and was not obliged to regard the demand for health and leisure facilities as an overriding consideration. There was nothing irrational in the inspector's conclusion. He has struck a balance between the needs for leisure facilities and the policy of retaining land as employment land. The judge had exceeded his powers in intervening in the area of planning merits and therefore the decision of the SoS could not be impugned.