R (on the application of Network Rail Infrastructure Ltd) v Secretary of State for the Environment, Food and Rural Affairs

Town and country planning – Development. The inspector appointed by the defendant Secretary of State had erred in having concluded that the necessity test had not been satisfied and deciding not to confirm an order under the Town and Country Planning Act 1990 s 257, enabling the local planning authority to stop up of a footpath. Accordingly, the Planning Court quashed the order and, further, gave guidance on the correct procedure to be adopted in relation to preliminary issues in planning appeals.

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