Swindon Borough Council v Secretary of State for Housing Communities and Local Government & Anor [2019] EWHC 1677 (Admin) (01 July 2019)

Swindon Borough Council v Secretary of State for Housing Communities and Local Government & Anor [2019] EWHC 1677 (Admin) (01 July 2019)

On its true construction, the planning permission required the access roads to be public highways, granting public rights of way, not merely private roads built to a certain standard. The Planning Inspector erred in law by interpreting 'highway' as referring only to construction standards and not its ordinary meaning. The Certificate of Lawfulness was wrongly issued.

Citation
[2019] EWHC 1677 (Admin)
Parties
Claimant: Swindon Borough Council; First Defendant: Secretary of State for Housing Communities and Local Government; Second Defendant: DB Symmetry Ltd
Jurisdiction
England and Wales
Judgment Date
01 July 2019
Procedural Posture
Planning Statutory Review Under Section 288 of the Town and Country Planning Act 1990 / Judgment on Application to Quash Planning Inspector's Decision
Outcome
Claim allowed; Planning Inspector's decision quashed; Certificate of Lawfulness set aside.
Legal Topics
Interpretation of Planning Permissions, Public Rights of Way, Planning Conditions, Certificates of Lawfulness, Section 106 Agreements
Planning Law Administrative Law Local Government Law Interpretation of Planning Permissions Public Rights of Way Planning Conditions Certificates of Lawfulness Section 106 Agreements

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 14 Party arguments 2
Sign in to unlock

Parties

Swindon Borough Council

Claimant

Secretary of State for Housing Communities and Local Government

First Defendant

DB Symmetry Ltd

Second Defendant

Procedural Posture

Planning Statutory Review Under Section 288 of the Town and Country Planning Act 1990 / Judgment on Application to Quash Planning Inspector's Decision

Legal Issues

  1. 1 Whether the planning permission required access roads to be public highways with rights of way for the public or could be private roads
  2. 2 Proper interpretation of condition 39 of the planning permission

Ratio Decidendi

On its true construction, the planning permission required the access roads to be public highways, granting public rights of way, not merely private roads built to a certain standard. The Planning Inspector erred in law by interpreting 'highway' as referring only to construction standards and not its ordinary meaning. The Certificate of Lawfulness was wrongly issued.

Court Disposition

Claim allowed; Planning Inspector's decision quashed; Certificate of Lawfulness set aside.

Orders

  • The decision of the Planning Inspector dated 6 November 2018 is quashed.
  • The Certificate of Lawfulness granted to DB Symmetry Ltd is set aside.