HUGHES -v- THE SECRETARY OF STATE FOR COMMUNITIES AND LOCAL GOVERNMENT AND SEDGEMOOR DISTRICT COUNCIL [2012] EWHC 3743 (Admin)

21 December 2012

This was a planning application under Town and Country Planning Act 1990 Section 288 against a negative Planning Inspector’s decision.

The appeal was dismissed on the basis that the Inspector was entitled to conclude that the objections both in terms of visual amenity and highways safety were of sufficient importance to outweigh the best interests of the children.  An argument that the Inspector should have accepted that the local authority could have used their powers under the Highways Act 1980 to ensure sightlines over a cottage garden to the left of the access was rejected.

A copy of the judgment is attached to this article.