Secretary of State decision granting planning permission quashed for error of fact (Harrison v SSLUHC)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Planning analysis: The High Court quashed an inspector’s decision granting planning permission on appeal for a self-build housing scheme near to the claimant’s Grade II* listed building. All parties accepted that the inspector had made an error of fact as to the existence of a flood risk assessment. The dispute centered around whether this error was material to his decision so as to justify a quashing. The court also considered whether the duty on local planning authorities to notify Historic England under regulation 5A(3) of the Planning (Listed Buildings and Conservation Areas) Regulations 1990 also applied to an inspector on appeal. Written by Jenny Wigley KC, barrister at Landmark Chambers.