Gladman Developments Ltd v Secretary of State for Communities and Local Government, Swale BC and Campaign to Protect Rural England (Kent Branch)

摘要

The claimant applied pursuant to the Town and Country Planning Act 1990 ("the 1990 Act") s.288 to quash the decision of an inspector appointed by the Secretary of State, determining two appeals (Appeal A and Appeal B) on a conjoined basis at an inquiry in November 2016 against refusals of planning permission by Swale BC ("the Council") for residential development for 330 (Appeal A) and 140 (Appeal B) dwellings plus 60 extra care units on land at London Road, Newington ("the Site"). Eleven main issues were considered at the inquiry. The claimant succeeded on nine of the issues but not on two issues relating to landscape character and air quality. The claim was in respect of air quality.