Swindon Borough Council v Secretary of State for Housing Communities and Local Government & Anor

Swindon Borough Council v Secretary of State for Housing Communities and Local Government & Anor

Condition 39 of the planning permission requires the access roads to be public highways, meaning roads over which the public have rights of way, and the Certificate of Lawfulness was wrongly issued as it did not comply with this requirement.

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
Statutory Review / Judgment
Outcome
Claim allowed; Planning Inspector's decision quashed; Certificate of Lawfulness set aside.
Legal Topics
Interpretation of Planning Permissions, Statutory Review, Certificate of Lawfulness, Public Rights of Way, Planning Conditions
Planning Law Administrative Law Interpretation of Planning Permissions Statutory Review Certificate of Lawfulness Public Rights of Way Planning Conditions

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Parties

Swindon Borough Council

Claimant

Secretary of State for Housing Communities and Local Government

First Defendant

DB Symmetry Ltd

Second Defendant

Procedural Posture

Statutory Review / Judgment

Legal Issues

  1. 1 Whether condition 39 of the planning permission requires access roads to be public highways with rights of way for the public
  2. 2 Whether the Certificate of Lawfulness was wrongly issued based on the interpretation of 'highway'

Ratio Decidendi

Condition 39 of the planning permission requires the access roads to be public highways, meaning roads over which the public have rights of way, and the Certificate of Lawfulness was wrongly issued as it did not comply with this requirement.

Court Disposition

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

Orders

  • The decision of the Planning Inspector is quashed.
  • The Certificate of Lawfulness granted is set aside.