The Status and Legal Effect of a Quashed Appeal Decision in Planning Law

摘要

The following scenario is a familiar one: following a hard fought planning appeal ending in a loss you challenge the decision of the Inspector or Secretary of State in the High Court and succeed. The appeal decision is quashed under the Town and Country Planning Act 1990 (“the TCPA 1990”) s.288. The appeal then falls to be re-determined. But what is the status of the quashed decision on the re-determination? The question might seem an obvious one, warranting a simple answer, but the legal position is far from straightforward. The case law on the point is in conflict; there is no simple answer.