Town and country planning – Permission for development. The planning inspector appointed by the second respondent Secretary of State had misdirected himself in performing the task set for him under s 38(6) of the Town and Country Planning Act 1990 by mistaking the true meaning and scope of government policy for the 'presumption in favour of sustainable development. The Court of Appeal Civil Division so held in affirming the decision of the trial judge which quashed the decision of the inspector granting planning permission.