Case note: 18052023
This case note is part of an occasional series for Fortune Green Legal Practice of important planning law cases.
Secretary of State for Levelling Up, Housing and Communities v (1) Stephen Smith (2) London Borough of Hackney
[2023] EWCA Civ 514
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 16 May 2023
The Court of Appeal has allowed an appeal by the Secretary of State against a High Court decision from December 2022.
The case concerned the manner in which the Planning Inspector had taken their decision to refuse an appeal. The applicant had appealed against the refusal by the local planning authority of permission to erect an advertising hoarding and associated lighting. The Inspector had appointed an appeal planning officer to assist them in making the decision. The appeal officer had not only reported on the facts but had also made a recommendation for the Inspector. The applicant had appealed against the Inspector’s decision under section 288 of the Town and Country Planning Act 1990, challenging the fairness and transparency of the procedure adopted by the Inspector. The High Court judge had concluded that the appeal officer’s role should be confined to address the facts and that they should avoid making planning judgements. However, the Court of Appeal disagreed. It held that the decision had remained that of the Inspector. There had been no unlawful delegation or procedural unfairness.
