BDW Trading Ltd v Secretary Of State For Communities And Local Government and another

Town and country planning – Permission for development. The claimant challenged the decision of the inspector appointed by the first defendant Secretary of State, dismissing its appeal against the second defendant local planning authority's refusal of planning permission. The Planning Court, in allowing the application, held that the inspector had materially erred in failing to grapple with the issue of whether the development had been in accordance with the development plan as a whole. Further, she had erred in taking the problems of implementing an emergency access into account as a factor in the balance against the proposal, as it could have been dealt with by way of conditions.

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