“In holding that there were material considerations that warranted a departure from the claimant’s statutory development plan under s 38 of the Planning and Compulsory Purchase Act 2004, the inspector appointed by the first defendant had made a material error of fact amounting to an error in law when he granted planning permission under s 174(2)(a) of the Town and Country Planning Act 1990 to the second defendant for the unauthorised use for education, training and worship of a unit in premises within an area designated by the claimant in its development plan as a ‘defined employment area industrial location’.”
WLR Daily, 10th May 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
