Batey, R (on the application of) v Boston Borough Council & Anor

Batey, R (on the application of) v Boston Borough Council & Anor

The Committee's decision to grant planning permission was quashed because the Committee failed to have proper regard to the material consideration of overshadowing of the claimant's property, and this failure was not remedied during the meeting. The omission of the claimant's objection letter contributed to this failure. There was no unlawful predetermination by the chairman.

Parties
Claimant: Robert Batey; First Defendant: Boston Borough Council; Second Defendant: New Linx Housing Trust
Jurisdiction
England and Wales
Judgment Date
02 December 2008
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim allowed in part; decision to grant planning permission quashed; costs awarded to claimant; permission to appeal refused.
Legal Topics
Judicial Review, Planning Permission, Procedural Fairness, Predetermination, Material Considerations
Administrative Law Planning Law Judicial Review Planning Permission Procedural Fairness Predetermination Material Considerations

Case Brief

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Parties

Robert Batey

Claimant

Boston Borough Council

First Defendant

New Linx Housing Trust

Second Defendant

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Committee chairman unlawfully predetermined the planning application and/or the consideration of overlooking/overshadowing
  2. 2 Whether the Committee failed to have proper regard to a relevant material consideration, namely the effect of overlooking/overshadowing
  3. 3 Whether there was procedural irregularity due to the omission of a letter of objection from the Committee's consideration

Ratio Decidendi

The Committee's decision to grant planning permission was quashed because the Committee failed to have proper regard to the material consideration of overshadowing of the claimant's property, and this failure was not remedied during the meeting. The omission of the claimant's objection letter contributed to this failure. There was no unlawful predetermination by the chairman.

Court Disposition

Claim allowed in part; decision to grant planning permission quashed; costs awarded to claimant; permission to appeal refused.

Orders

  • The Committee's decision of 4th July 2007 to grant planning permission to New Linx Housing Trust is quashed.
  • Costs summarily assessed and awarded to the claimant in the sum of £20,000.