Cherkley Campaign Ltd, R (on the application of) v Mole Valley District Council & Anor [2014] EWCA Civ 567 (07 May 2014)

Cherkley Campaign Ltd, R (on the application of) v Mole Valley District Council & Anor [2014] EWCA Civ 567 (07 May 2014)

Policy REC12 did not require demonstration of need for new golf courses; supporting text could not impose additional requirements; the planning committee's decision was rational and within its discretion; paragraph 116 of the NPPF did not apply to the development as a whole; the High Court judge erred in law in quashing the planning permission.

Citation
[2014] EWCA Civ 567
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 From High Court
Outcome
Appeal allowed; High Court order quashing planning permission set aside.
Legal Topics
Interpretation of Development Plan Policies, Material Considerations in Planning, Landscape Protection (aonb/aglv), Application of National Planning Policy Framework, Judicial Review of Planning Decisions
Planning Law Administrative Law Environmental Law Interpretation of Development Plan Policies Material Considerations in Planning Landscape Protection (aonb/aglv) Application of National Planning Policy Framework Judicial Review of Planning Decisions

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 4 Authorities cited 6 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 From High Court

Legal Issues

  1. 1 Whether Policy REC12 of the Mole Valley Local Plan required demonstration of 'need' for new golf courses
  2. 2 Whether supporting text to Policy REC12 imposed additional requirements
  3. 3 Whether the planning committee erred in law or acted irrationally in granting permission

Ratio Decidendi

Policy REC12 did not require demonstration of need for new golf courses; supporting text could not impose additional requirements; the planning committee's decision was rational and within its discretion; paragraph 116 of the NPPF did not apply to the development as a whole; the High Court judge erred in law in quashing the planning permission.

Court Disposition

Appeal allowed; High Court order quashing planning permission set aside.

Orders

  • Planning permission reinstated for Cherkley Court development.
  • Costs order subject to outcome of main appeal; costs appeals not determined in this judgment.