Dear v Secretary of State for Communities and Local Government and another

Town and country planning – Permission for development. The claimant applied to quash the decision of the first defendant Secretary of State, dismissing her planning appeal. The Planning Court, in dismissing the application, held that, although the Secretary of State had not followed another decision or expressly departed from it, giving clear and proper reasons for having done so, consideration of the other decision would not have made a difference in the present case. Further, the Secretary of State had correctly treated the best interests of the children affected by the decision as a primary consideration.

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