Cases - North Wiltshire District Council v Secretary of State for the Environment and Clover
Record details
- Name
- North Wiltshire District Council v Secretary of State for the Environment and Clover
- Date
- [1992]
- Citation
- 3 PLR 113
- Legislation
- Keywords
- Planning control - Town and Country Planning Act 1990
- Summary
-
An application for residential development was granted on appeal to the Secretary of State in 1990. The inspector made no reference in his decision to a refusal of permission by another inspector in 1982 in respect of a similar application. The Court of Appeal quashed the decision.
The Court of Appeal held that, as reasons have in practice invariably been given on the written representations procedure, in that circumstance a request is implicit in the acceptance of that procedure.
Where the inspector's reasons do not indicate whether he has had regard to a material consideration which was placed before him (in this case an earlier appeal decision) there must usually be substantial doubt whether the decision taken was within the powers of the Town and Country Planning Act 1990. In that circumstance the interests of an applicant will have been substantially prejudiced by the deficiency of reasons, for he is left in doubt as to his ability to challenge on that ground.
Lord Justice Mann said:
'It was not disputed in argument that a previous appeal decision is capable of being a material consideration. The proposition is in my judgment indisputable ... I do not suggest, and it would be wrong to do so, that like cases must be decided alike. An inspector must always exercise his own judgment. He is therefore free upon consideration to disagree with the judgment of another but before doing so he ought to have regard to the importance of consistency and to give his reasons for departure from the previous decision.'
As no such reasons were given, the decision was flawed.