Colman v Secretary of State for Communities and Local Government

摘要

The claimant (C) applied to quash a decision by a planning inspector, appointed by the defendant Secretary of State, to grant planning permission for the construction of nine wind turbines. The inspector held a 15-day public inquiry before granting permission. Permission had previously been refused by the second defendant local authority. After that refusal but prior to the public inquiry, the secretary of state published the National Planning Policy Framework ("NPPF") setting out the Government's planning policies and guidance as to how they were to be applied. The NPPF reiterated the approach required under the Planning and Compulsory Purchase Act 2004 s.38(6), namely that planning applications had to be determined in accordance with the local development plan unless material considerations indicated otherwise, and that the NPPF was a material consideration.