By this claim made pursuant to section 288 of the Town and Country Planning Act 1990 ['the 1990 Act'], the Claimant challenges the validity of a decision by an inspector appointed by the First Defendant to dismiss the Claimant's appeal against the Second Defendant's refusal to grant planning permission for development at Jubilee Cottages, High Cross Estate, Palehouse Common, Framfield, Uckfield TN22 5QY.
The development proposed by the Claimant in her application for planning permission was the "demolition of the existing, dilapidated Jubilee Cottages on Eastbourne Road and the erection of a replacement dwelling in the north-westerly parkland of the High Cross Estate" ['the proposed development']. Planning permission was refused by the Second Defendant acting as local planning authority on 19 August 2019. The inspector determined the Claimant's appeal against that refusal on the basis of written representations. The inspector undertook a visit to the appeal site on 22 June 2020. She issued her decision by letter dated 26 June 2020 ['the DL'].
The Claimant advances two grounds of challenge to the validity of the inspector's decision –
(1) The inspector failed to have regard to a material consideration, namely the basis upon which planning permission had been granted by the Second Defendant on 21 May 2008 for the replacement of Jubilee Cottages in an almost identical location within the High Cross Estate ['the 2008 planning permission'].
(2) The inspector failed to give legally adequate reasons for disagreeing with the Second Defendant's decision to grant the 2008 planning permission.
On 18 September 2020, Neil Cameron QC (sitting as a Deputy High Court Judge) granted permission for the claim to proceed.