[2008] EWHC 1373 (Admin) 15 may 2008. Relevant to surveyors as case brought up issues of planning appeals; development under Section 8 of the Housing Act 1988 (requiring residents to leave their homes) and the rights of residents under this act. Claimant was owner of estate offering affordable accommodation to the elderly and wished to redevelop it in sections, turning bungalows into flats. Secretary of state had been presented with a report by charity Help the Aged saying that the consultation held by the claimant prior to development had been flawed as it had not been dealt with in a sensitive manner and that the human rights of the tenants may have been breached. Planning permission had been refused by an inspector considering these issues. Held: claim was allowed. The planning inspector had erred in his approach to proportionality when considering the Article 8 rights of the residents. Proportionality should have dealt with the planning permission, while matters of eviction would have been handled by the courts. As the inspector had initially found the development proposal to be neccessary and legitimate, he should only have considered this and the means by which it was carried out. His mistake had prejudiced the claimant and the case will be reconsidered.