Who can challenge an Inspector

Who can challenge an Inspector

CategoryNews Author John Pugh-Smith Date

JB Trustees, Phillip Jeans and Sandra Jean v Secretary of State for Communities and Local Government & Dennis Jeans Development Ltd [2013] EWHC 3555 (Admin)

In one of the first cases to consider standing in section 288 challenges following the Supreme Court’s comprehensive review of the topic in Walton v Scottish Ministers [2012] UKSC 44 Justine Thornton acted for the Secretary of State and John Pugh-Smith for Dennis Jeans Developments Limited. Lindblom J held that the claimants did not have standing in circumstances where they had participated in the appeal before the Inspector but had then categorically and unequivocally withdrawn from the appeal. The Judge concluded that the highest the claimants could now put their case on standing was that though they had abandoned their objection, dropped out of the appeal process, and then said nothing to the inspector about any planning concern or any private interest of their own, or about the conditions he should impose if he granted planning permission, they were still hoping his decision would yield them a ransom, but became a “person aggrieved” when it did not. The Judge held that this was not an attractive argument and he did not accept it.

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