Casebook: Court cases - Mixed scheme decision flaw acknowledged

The deputy prime minister has agreed that a decision to refuse permission for a development on Tyneside should be quashed because the had failed to apply the correct policies relating to the site.

Gateshead Council complained that the inspector, in considering proposals for offices and 79 flats, had assumed that the site fell within an industrial area rather than in another part of the borough, where different policies applied. In the High Court, Mr Justice Keith agreed that the inspector had made an error and that this justified quashing the decision.

Gateshead Council v First Secretary of State: Date: 5 October 2004; Ref: CO/3582/2004.

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