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Re-determination – Material Considerations

Where a planning appeal is quashed by the High Court, it is incapable of ever having had any legal effect upon the rights and duties of the parties. There is, therefore, no need for the Inspector charged with redetermination of the appeal to refer to the planning judgments of the first Inspector, or to explain why a different judgment is reached.

The second Inspector must decide the appeal de novo. HHJ Seys Llewllyn QC so held when dismissing the Claim in Arun District Council v Secretary of State for Communities and Local Government on 25 January 2013. The second ground of challenge concerned the Inspector's reasoning for giving little weight to the Secretary of State's intention to revoke the South East Plan.

The Judgment includes a reference to Cala in the Court of Appeal and its application to statements of future intent as material considerations.

Harriet Townsend represented the Interested Party, Green Lodge Homes