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Town and country planning – Permission for development. The claimant challenged the decision of the inspector appointed by the first defendant Secretary of State to grant planning permission to the third defendant, subject to conditions. The Planning Court, in dismissing the application, held that the inspector had not been obliged to make a decision on the main issue, namely, the potential harm to a tree, but instead to substitute the imposition of a condition, given his approach to the application as a whole. Further, he had to be taken to have applied the balancing task required by the relevant policy.
Town and country planning – Permission for development. The claimant challenged the decision of the inspector appointed by the first defendant Secretary of State to grant planning permission to the third defendant, subject to conditions. The Planning Court, in dismissing the application, held that the inspector had not been obliged to make a decision on the main issue, namely, the potential harm to a tree, but instead to substitute the imposition of a condition, given his approach to the application as a whole. Further, he had to be taken to have applied the balancing task required by the relevant policy.
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