Wokingham Borough Council v Oxford Diocesan Board of Finance [2013] EWCA Civ 1718 (03 December 2013)

Wokingham Borough Council v Oxford Diocesan Board of Finance [2013] EWCA Civ 1718 (03 December 2013)

The failure to consider the 'Planning for Growth' ministerial statement was not material because its principles were already reflected in existing policy, and there was no rational basis to conclude it could have led to a different decision.

Citation
[2013] EWCA Civ 1718
Parties
Appellant/2nd Defendant: Wokingham Borough Council; Respondent/claimant: Oxford Diocesan Board of Finance
Jurisdiction
England and Wales
Judgment Date
03 December 2013
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal allowed
Legal Topics
Material Considerations in Planning Decisions, Ministerial Policy Statements, Sustainable Development, Judicial Review of Planning Decisions
Planning Law Administrative Law Material Considerations in Planning Decisions Ministerial Policy Statements Sustainable Development Judicial Review of Planning Decisions

Case Brief

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Parties

Wokingham Borough Council

Appellant/2nd Defendant

Oxford Diocesan Board of Finance

Respondent/claimant

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the Secretary of State's failure to consider the 'Planning for Growth' ministerial statement was a material error justifying quashing the planning decision
  2. 2 Whether any principle in the ministerial statement could have led to a different outcome

Ratio Decidendi

The failure to consider the 'Planning for Growth' ministerial statement was not material because its principles were already reflected in existing policy, and there was no rational basis to conclude it could have led to a different decision.

Court Disposition

Appeal allowed

Orders

  • Order of Lang J quashing the Secretary of State's decision is set aside
  • Secretary of State's original decision to dismiss the appeal is restored