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Johnson Brothers v Secretary of State for Communities and Local Government and Wychavon District Council [electronic resource]

Language: English Publication details: 2009Subject(s): Online resources: Summary: [2009] EWHC 580 (Admin), 24 March 2009. The case considers whether a planning inspector respected local planning policies when taking his decision. Johnson Brothers (J) applied to Wychavon District Council to be granted permission to develop new storage, distribution units and provide parking, landscaping and access on a former airfield. After refusal from the local authority, he appealed to the inspector. The inspector relied on two local planning policies. He also used local, regional and national policy promoting sustainable forms of development. He highlighted the benefits of the proposal but emphasized the harms that such a development would bring to this remote and rural location. J appealed this decision, arguing that: the inspector had not relied sufficiently on the first policy relating to the protection of existing employment land; documentation showed a shortfall of suitable employment; and there was a breach of the rule of natural justice. "Held": There was no error of law in the way the inspector approached the issues. His approach remained consistent with the canons of construction adopted by the courts. He exercised his power within the rules of the appeal and gave a reason for his decision. There was no breach of natural justice or human rights under the European Convention on Human Rights 1950.
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Law report Virtual Online ONLINE JUDGMENT (Browse shelf(Opens below)) 1 Available 147290-2001

[2009] EWHC 580 (Admin), 24 March 2009. The case considers whether a planning inspector respected local planning policies when taking his decision. Johnson Brothers (J) applied to Wychavon District Council to be granted permission to develop new storage, distribution units and provide parking, landscaping and access on a former airfield. After refusal from the local authority, he appealed to the inspector. The inspector relied on two local planning policies. He also used local, regional and national policy promoting sustainable forms of development. He highlighted the benefits of the proposal but emphasized the harms that such a development would bring to this remote and rural location. J appealed this decision, arguing that: the inspector had not relied sufficiently on the first policy relating to the protection of existing employment land; documentation showed a shortfall of suitable employment; and there was a breach of the rule of natural justice. "Held": There was no error of law in the way the inspector approached the issues. His approach remained consistent with the canons of construction adopted by the courts. He exercised his power within the rules of the appeal and gave a reason for his decision. There was no breach of natural justice or human rights under the European Convention on Human Rights 1950.