R. (on the application of Gleeson Developments Ltd) v Secretary of State for Communities and Local Government and the Planning Inspectorate and Wiltshire Council

摘要

The claimant submitted an application to Wiltshire CC in 2011 for outline planning permission for a development of up to 180 residential dwellings. The Council refused the application in March 2012. The Claimant appealed pursuant to s.78 of the Town and Country Planning Act 1990. The Planning Inspectorate considered whether to recover jurisdiction for the Secretary of State to determine the appeal himself pursuant to para.3(1) of Sch.6 to the 1990 Act. Notwithstanding the fact that the application was for more than 150 houses, which was one of the bases in the policy on which the Secretary of State may recover jurisdiction, it decided that the Secretary of State should not recover jurisdiction. An inspector was appointed to determine the appeal.