Cherkley Campaign Ltd, R (on the application of) v Mole Valley District Council & Anor

Cherkley Campaign Ltd, R (on the application of) v Mole Valley District Council & Anor

The Court of Appeal held that the development plan policy (Policy REC12) did not require demonstration of need for a new golf course, that supporting text could not be treated as policy, and that the committee's decision was not irrational or legally flawed in its assessment of landscape impact or Green Belt policy. The reasons given for granting permission were legally adequate. The judge's order quashing the planning permission and awarding costs was set aside.

Parties
Claimant/respondent: Cherkley Campaign Limited; Defendant/appellant: Mole Valley District Council; Interested Party/appellant: Longshot Cherkley Court Limited
Jurisdiction
England and Wales
Judgment Date
07 May 2014
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment on Appeal
Outcome
Appeal allowed; High Court quashing order and costs order set aside.
Legal Topics
Development Plan Policy, Landscape Impact, Green Belt Policy, Planning Permission, Judicial Review, Reasons for Decision
Planning Law Administrative Law Environmental Law Development Plan Policy Landscape Impact Green Belt Policy Planning Permission Judicial Review +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Cherkley Campaign Limited

Claimant/respondent

Mole Valley District Council

Defendant/appellant

Longshot Cherkley Court Limited

Interested Party/appellant

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment on Appeal

Legal Issues

  1. 1 Whether the planning committee was required to demonstrate 'need' for a new golf course under the development plan policy
  2. 2 Whether the committee failed to consider directing the development away from protected landscape areas
  3. 3 Whether the committee's assessment of landscape impact was irrational or legally flawed

Ratio Decidendi

The Court of Appeal held that the development plan policy (Policy REC12) did not require demonstration of need for a new golf course, that supporting text could not be treated as policy, and that the committee's decision was not irrational or legally flawed in its assessment of landscape impact or Green Belt policy. The reasons given for granting permission were legally adequate. The judge's order quashing the planning permission and awarding costs was set aside.

Court Disposition

Appeal allowed; High Court quashing order and costs order set aside.

Orders

  • The judge's order quashing the planning permission is set aside.
  • The judge's costs order is set aside.