Cases - Saxby v Secretary of State for the Environment, Transport and the Regions and Westminster City Council

Record details

Name

Saxby v Secretary of State for the Environment, Transport and the Regions and Westminster City Council

Date

[1998]; [1998]

Citation

EWHC Admin 462; PLSCS 141

Keywords

Planning control

Summary

The applicant applied for planning permission for 2 dovecotes. Planning permission was refused by the local planning authority and by an inspector on appeal. The applicant challenged the decision, partly on the ground that no planning permission was required and that, on the authority of Wells, the planning authority had failed to determine whether planning permission was required.

The judge held that Wells no longer applied. The new law provides for a detailed scheme as to the matters to be comprised in an application for a determination. If the authority were able to determine whether planning permission is required as part of a planning application, it would sidestep the comprehensive scheme whose provisions are for the protection of the public as well as the applicant and the local authority.