Crosswords1 min ago
Challenge To Planing Inspectorate Decision In High Court
I wondered if any of you good people could advise on or have had experience of the best way to challenge a decision by the inspectorate (I do realize it's a high court job) In my opinion it's unlawful in it's requirements at best,more details or case history if needed.Thanks again.
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Oh dear Notnutnut
I do hope that isn't associated with the same case as earlier. The news that the Planning Inspectorate are involved is news to me - I thought you were dealing with a more straightforward issue over where a boundary lies between two adjacent parcels of land.
However you are correct in saying that one can appeal an Inspector's decision to the High Court. You cannot challenge just because you disagree with the Inspector’s decision. To be successful you have to satisfy the High Court that the Inspector made an error in law, for example, misinterpreting or misapplying a policy, or failing to take account of an important consideration.
Then, if a mistake has been made and the High Court feels it might have affected the outcome of the appeal it will quash the decision and return the original Appeal back to the Planning Inspectorate for another look.
I hope you have deep pockets to pay for this little lot.
I do hope that isn't associated with the same case as earlier. The news that the Planning Inspectorate are involved is news to me - I thought you were dealing with a more straightforward issue over where a boundary lies between two adjacent parcels of land.
However you are correct in saying that one can appeal an Inspector's decision to the High Court. You cannot challenge just because you disagree with the Inspector’s decision. To be successful you have to satisfy the High Court that the Inspector made an error in law, for example, misinterpreting or misapplying a policy, or failing to take account of an important consideration.
Then, if a mistake has been made and the High Court feels it might have affected the outcome of the appeal it will quash the decision and return the original Appeal back to the Planning Inspectorate for another look.
I hope you have deep pockets to pay for this little lot.
buildersmate,thanks once again,the issue is not directly related to the other civil case although the eternal complainant is the primary witness in the civil case and the'07 criminal case and the '05 civil case previous and all except one planning inspectorate case beforehand but luckily,probably due to the success of their 'harmonized lying' in all previous cases they should hopefully be soon residing in 'the room without a view' for some time (perjury/pervert the course of justice) abundance of evidence most of it their own.I agree all your comments on this but I was exploring the need for 'deep pockets',I'll keep you posted,thanks again.
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