Clarke v Secretary of State for the Environment
| Jurisdiction | England & Wales |
| Judgment Date | 24 June 1992 |
| Date | 24 June 1992 |
| Court | Court of Appeal (Civil Division) |
Court of Appeal
Planning - appeal - hearing of evidence - exceptions
On appeal to the High Court under section 289 of the Town and Country Planning Act 1990 the court should not itself receive evidence unless it was argued that the inspector at the planning enquiry had not properly summarised the evidence or had disregarded evidence.
The Court of Appeal (Lord Justice Fox, Lord Justice Glidewell and Lord Justice Boreham) so held on June 12 allowing an appeal by the Secretary of State for the Environment and Melton Borough Council against a judgment of Mr Malcolm Spence, QC, sitting as a deputy judge of the Queen's Bench Division, on July 16, 1991 allowing the appeal of Mr D P Clarke against the decision of an inspector that a barn on his farm had been constructed in breach of planning regulations.
LORD JUSTICE GLIDEWELL said the judge had wrongly made findings of fact on the...
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Keenan v Woking Borough Council and Another
...(paragraph 93). Lang J. also saw support for the inspector's approach in the decisions of the Court of Appeal in Clarke v Secretary of State for the Environment (1993) 65 P. & C.R. 85 and the first instance decision in Harrogate Borough Council v Crossland [2012] EWHC 3260 (QB) (paragraphs ......
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Patrick Keenan v Woking Borough Council and Another
...invalid from the outset (as per Clarke), and no planning permission can be said to have been granted in any event." 95 In Clarke v SSE (1993) 65 P&CR 85, the GPDO 1988 Schedule 2 Part 6 Class A imposed the same requirement that the works must be "reasonably necessary for the purposes of agr......
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The King on the application of Shahid Ibrar v Dacorum Borough Council
...the circumstances there were particularly exceptional and I note that in the case of Clarke v Secretary of State for the Environment [1993] 65 P&CR 85, Glidewell LJ at p.90 at least seems to have envisaged evidence being advanced on a statutory appeal, at least to the extent of being advanc......
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Ross William Richard Keevil and Another v (1) Secretary of State for Communities and Local Government (First Defendant) (2) Bath & North East Somerset Council (Second Defendant)
...decided in the way he did these will also be subject to challenge under the section: seeClark v Secretary of State for the Environment [1993] 65 P&CR 85 at 90 and Forkhurst v Secretary of State for the Environment [1983] 46 P&CR at 89. 12 I have been referred to a significant number of auth......