BDW Trading Ltd v Secretary of State for Communities and Local Government

Town and country planning – Permission for development. The Court of Appeal, Civil Division, in allowing the defendant Secretary of State's appeal, held, among other things, that an inspector appointed by the Secretary of State deciding an appeal against a refusal of planning permission had not failed to discharge the duty, under s 38(6) of the Planning and Compulsory Purchase Act 2004, to make the decision in accordance with the development plan unless material considerations indicated otherwise. The inspector had undertaken the balancing exercise appropriately and lawfully in the particular circumstances of the case before her.

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