Canterbury City Council v Secretary of State for Housing, Communities and Local Government

Town and country planning – Permission for development. The decisions in both cases to grant planning permission were affected by an error of law related to the failure to undertake appropriate assessment. However, the Administrative Court held that the decision would inevitably have been the same in the first case, but that test was not passed in second case and, therefore, in that latter case the defendant Secretary of State's decision to grant planning permission had to be quashed.

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