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

Town and country planning – Permission for development. The claimant sought to quash the decision of the first defendant Secretary of State's inspector to dismiss his appeal against the refusal by the second defendant local authority to grant planning permission for a building constructed in the garden of a property he owned. Dismissing the claim, the Administrative Court held that the inspector had applied the proper test in relation to whether there had been a fall-back position and had properly assessed what the fall-back might be. Further, the reasons provided by the second inspector had been adequate. Furthermore, he had not been required to reach a definitive conclusion on what could be accomplished using permitted development rights. Finally, there had not been any unfairness in the procedures adopted in the instant case.

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