The Secretary of State Successfully Resists Planning High Court Challenge Based on Revised Case

JBS Park Homes Ltd v Secretary of State for Housing, Communities and Local Government [2018] EWHC 1459 (Admin)

Daniel Stedman Jones acted for the Secretary of State in a challenge by JBS Park Homes Ltd (the Claimant) to a refusal by the Inspector of the Claimant's s. 73 TCPA 1990 application. Ground 1 concerned the scope of the Inspector's duty to consider conditions which were not sought. Ground 2 concerned whether the Inspector should have considered the imposition of a Grampian condition but again in circumstances where such a condition had not been sought in the appeal.

Both grounds were dismissed on their merits. But the judge also held, considering the principles set out in West v First Secretary of State [2005] EWHC 729 (Admin) that the case being advanced in the High Court amounted to an attempt to introduce a new and different case from that which had been before the Inspector. That was impermissible and the claim was dismissed. The case was further notable for the Judge's comments on discretion where he indicated that discretion would have been exercised to refuse a remedy in any event, not least on the basis that the Claimant only had itself to blame for not advancing its refined case at the appropriate time.

To read the full judgment, please click here.