CA-2024-002732 - [2025] EWCA Civ 958

Planning permission is required for any development of land: see section 57 of the 1990 Act. Planning authorities dealing with applications for planning permission (and, by virtue of section 79(4), the Secretary of State when dealing with appeals against the refusal of planning permission) must, in accordance with section 70(2) of the 1990 Act have regard to: –

“(a)

the provisions of the development plan, so far as material to the application,

…..

(c)

any other material considerations."

Section 38(6) Planning and Compulsory Purchase Act 2004 provides that:

"If regard is to be had to the development for the purpose of any determination to be made under the planning Acts the determination must be made in accordance with the plan unless material considerations indicate otherwise."

The Town and Country Planning (Inquiries Procedure) (England) Rules 2000 (“the Rules”) set out the procedure to be followed at an inquiry held in England in relation to an appeal against a refusal of planning permission. The Rules are concerned, amongst other matters, with the preparation for, and the conduct of, the inquiry. They deal with appearances at the inquiry, the preparation of statements of case, and the provision of evidence at the inquiry by the parties. Rule 17 deals with the procedure to be followed after an inquiry closes and provides, so far as material, that:

“17.— Procedure after inquiry

(1)

After the close of an inquiry, the inspector shall make a report in writing to the Secretary of State which shall include his conclusions and his recommendations or his reasons for not making any recommendations.

…..

(4)

When making his decision the Secretary of State may disregard any written representations, evidence or any other document received after the close of the inquiry.

(5)

If, after the close of an inquiry, the Secretary of State–

(a)

differs from the inspector on any matter of fact mentioned in, or appearing to him to be material to, a conclusion reached by the inspector; or

(b)

takes into consideration any new evidence or new matter of fact (not being a matter of government policy),

and is for that reason disposed to disagree with a recommendation made by the inspector, he shall not come to a decision which is at variance with that recommendation without first notifying in writing the persons entitled to appear at the inquiry who appeared at it of his disagreement and the reasons for it; and affording them an opportunity of making written representations to him or (if the Secretary of State has taken into consideration any new evidence or new matter of fact, not being a matter of government policy) of asking for the reopening of the inquiry.

(6)

Those persons making written representations or requesting the inquiry to be re-opened under paragraph (5), shall ensure that such representations or requests are received by the Secretary of State within 3 weeks of the date of the Secretary of State's notification under that paragraph.

(7)

The Secretary of State may, as he thinks fit, cause an inquiry to be re-opened, and he shall do so if asked by the applicant or the local planning authority in the circumstances mentioned in paragraph (5) and within the period mentioned in paragraph (6); and where an inquiry is re-opened (whether by the same or a different inspector)–

(a)

the Secretary of State shall send to the persons entitled to appear at the inquiry who appeared at it a written statement of the matters with respect to which further evidence is invited; and

(b)

paragraphs (3) to (8) of rule 10 shall apply as if the references to an inquiry were references to a re-opened inquiry.”