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Prescott
Planning - mistake of fact Print

A householder applied for planning permission but that was refused. He subsequently submitted a second, slightly different, application which was opposed by his neighbours, and that was also refused. Finally, he appealed the first application to the inspector. As part of that appeal process, the documents submitted by the LA to the inspector dealt only with the first application (and omitted any reference to the second application, or the objections received, and the council’s decision). The inspector allowed the appeal, and thus the first application was granted. However, the neighbour challenged that, by arguing to the court that it was based on a mistake of fact. The court agreed, saying that is was one of those rare situations where ‘some matter of real importance has been wholly omitted from the inspector’s report’. See ?Connolly v Secretary of State [2009] EWCA Civ 1059.

March 2010
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