R (on the application of the Royal Borough of Kensington and Chelsea) v Secretary of State for Communities and Local Government and others

Town and country planning – Development. The Administrative Court, in allowing the claimant local authority's application in part, quashed the defendant Secretary of State's decision to allow an appeal under s 195 of the Town and Country Planning Act 1990, but dismissed its challenge to a decision under s 78 of that Act. In the circumstances, the Secretary of State had erred in law by disregarding the authority's consideration that the loss of housing units, through amalgamation, could jeopardise it attempts to meet housing targets.

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