Justine Thornton successfully defended a High Court challenge to quash an Inspector’s decision to refuse a lawful development certificate.
The Claimant attempted to rely on caselaw to the effect that a planning permission cannot be abandoned to allege that the Inspector had fallen into legal error and acted unfairly. The Court rejected the claim and held that the Inspector had adopted a classic evaluation exercise on the evidence. Whilst the decision letter could have been clearer in parts, read as a whole, there was no basis for showing that the decision was wrong in law or that it was unfair.
Justine appeared for the Secretary of State.