Cheshire East Borough Council v Secretary of State for Communities and Local Government and another

Town and country planning – Permission for development. The claimant local planning authority applied to quash the decision of the first defendant Secretary of State, allowing the second defendant developer's appeal and granting outline planning permission for up to 146 dwellings. The Planning Court, in allowing the application, held that the inspector had erred in finding that the local plan policy had come within para 49 of the National Planning Policy Framework (the NPPF) and it had been an error of law to seek to divide the policy so as to apply it only in part. The inspector would not have taken the approach he had, if he had concluded that the policy was to be given full effect.

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