East Meon Forge and Cricket Ground Protection Association, R (on the Application of) v East Hampshire District Council & Ors

East Meon Forge and Cricket Ground Protection Association, R (on the Application of) v East Hampshire District Council & Ors

The Council failed to have proper regard to the representations of Sport England as a statutory consultee, failed to adequately consider alternative schemes for The Forge, and granted planning permission on an erroneous basis regarding protective measures against cricket balls. These errors constituted public law errors justifying quashing the planning permission.

Parties
Claimant: East Meon Forge and Cricket Ground Protection Association (acting by its Chairman George Bartlett); First Defendant: East Hampshire District Council; Second Defendant: South Downs National Park Authority; First Interested Party: J. Croucher; Second Interested Party: I. Croucher
Jurisdiction
England and Wales
Judgment Date
31 October 2014
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim allowed; planning permission quashed.
Legal Topics
Judicial Review of Planning Permission, Heritage Asset Protection, Conservation Areas, Statutory Consultees, Material Considerations in Planning, Asset of Community Value, Planning Conditions, Public Law Error
Planning Law Administrative Law Heritage Law Judicial Review of Planning Permission Heritage Asset Protection Conservation Areas Statutory Consultees Material Considerations in Planning +3 more

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Parties

East Meon Forge and Cricket Ground Protection Association (acting by its Chairman George Bartlett)

Claimant

East Hampshire District Council

First Defendant

South Downs National Park Authority

Second Defendant

J. Croucher

First Interested Party

I. Croucher

Second Interested Party

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Council failed to properly consider statutory requirements, the National Planning Policy Framework (NPPF), and local policies in granting planning permission
  2. 2 Whether the Council failed to properly consider the listing of The Forge as an asset of community value and alternative schemes for its use
  3. 3 Whether the Council failed to give proper regard to the representations of Sport England as a statutory consultee regarding risks from cricket balls and the adequacy of protective measures

Ratio Decidendi

The Council failed to have proper regard to the representations of Sport England as a statutory consultee, failed to adequately consider alternative schemes for The Forge, and granted planning permission on an erroneous basis regarding protective measures against cricket balls. These errors constituted public law errors justifying quashing the planning permission.

Court Disposition

Claim allowed; planning permission quashed.

Orders

  • The planning permission granted by the Defendants is quashed.