Fiske, R (On the Application Of) v Test Valley Borough Council (Rev1) [2023] EWCA Civ 1495 (15 December 2023)

Fiske, R (On the Application Of) v Test Valley Borough Council (Rev1) [2023] EWCA Civ 1495 (15 December 2023)

The incompatibility between the 2017 and 2021 planning permissions was not an obviously material consideration that the council was legally obliged to take into account; the council lawfully determined the application for the 2021 permission without considering incompatibility; no procedural unfairness or irregularity occurred in the lower court.

Citation
[2023] EWCA Civ 1495
Parties
Claimant/appellant: Chala Alice Fiske; Defendant/respondent: Test Valley Borough Council; Interested Party: Woodington Solar Limited
Jurisdiction
England and Wales
Judgment Date
15 December 2023
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division) Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Material Considerations in Planning Decisions, Incompatibility of Planning Permissions, Judicial Review Standards, Statutory Interpretation
Planning Law Administrative Law Material Considerations in Planning Decisions Incompatibility of Planning Permissions Judicial Review Standards Statutory Interpretation

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 3 Authorities cited 20 Party arguments 2
Sign in to unlock

Parties

Chala Alice Fiske

Claimant/appellant

Test Valley Borough Council

Defendant/respondent

Woodington Solar Limited

Interested Party

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division) Appeal From High Court

Legal Issues

  1. 1 Whether incompatibility between two planning permissions is a mandatory material consideration for a local planning authority
  2. 2 Whether the council erred in law by not considering incompatibility when granting the 2021 permission
  3. 3 Whether procedural unfairness or irregularity occurred in the lower court

Ratio Decidendi

The incompatibility between the 2017 and 2021 planning permissions was not an obviously material consideration that the council was legally obliged to take into account; the council lawfully determined the application for the 2021 permission without considering incompatibility; no procedural unfairness or irregularity occurred in the lower court.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; no relief granted