Connolly v Secretary of State for Communities and Local Government [2009] EWCA Civ 1059
Court: Court of Appeal
Facts: The respondents, C, had a neighbor, X, who sought planning permission to make alterations to the north and south sides of his property. The local authority initially refused permission due to objections regarding the south side. Subsequently, X applied again for the north side only. C received notice of this new application and objected, leading to another refusal of permission. X then appealed to a planning inspector, who was not informed about the complete planning history, including the initial refusal. The inspector granted planning permission for the north side based on the incomplete information. C appealed this decision in the Court of Appeal, which ruled in favor of C and quashed the inspector’s decision, remitting the matter to the Secretary of State for a determination.
Issue: Was there an error in the proceedings before the planning inspector due to the omission of the full planning history? Could the allegation of unfairness be dismissed based on new evidence suggesting the missing information was irrelevant?
Held: Appeal dismissed; there was indeed unfairness due to the failure to inform the planning inspector of the complete planning history.
Key Judicial Statements: Rix LJ stated that there was "unfairness arising out of a mistake of fact," noting the mistake was the omission of the local authority’s negative views on a materially identical proposal regarding the northern flank. This evidence was deemed uncontentious and objectively verifiable, and C was not at fault for the mistake, which significantly influenced the inspector's reasoning.
💡Leveluplaw: This case reinforces the principle of fairness in planning decisions, highlighting the importance of full disclosure of planning history to decision-makers. The ruling underscores that decisions made without complete information can lead to material unfairness, thus necessitating a reevaluation of those decisions to ensure they are based on correct factual grounds, promoting public interest in planning inquiries.