The Latest Advancement On Procedural Fairness In Planning Hearings

On the 5th December 2014, the Court of Appeal allowed an appeal by the Secretary of State for Communities and Local Government and Taylor Wimpey Ltd against the objecting residents in Great Dunmow, who had successfully challenged a previous appeal decision on the basis of material prejudice at the hearing.

The original application for outline planning permission to erect 100 new houses on a site in Essex was not granted. However, Taylor Wimpey Ltd- the developer- appealed by hearing, and on the 12^th July 2012, the Inspector allowed the appeal.

Subsequently, the residents of Great Dunmow in Essex instigated a claim under the provisions of section 288 of the Town and Country Planning Act 1990 to challenge the decision of the Secretary of State in the grant of planning permission on appeal to the developer.  They believed that the appeal was incorrectly determined- particularly given that the decision was made by hearing rather than inquiry- and were consequently