Wokingham Borough Council v Oxford Diocesan Board of Finance

Wokingham Borough Council v Oxford Diocesan Board of Finance

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 on the planning appeal.

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 Judgment Quashing Secretary of State's Decision
Outcome
Appeal allowed
Legal Topics
Material Considerations in Planning Decisions, Ministerial Policy Statements, Sustainable Development, Judicial Review of Administrative Decisions
Administrative Law Planning Law Material Considerations in Planning Decisions Ministerial Policy Statements Sustainable Development Judicial Review of Administrative Decisions

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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 Judgment Quashing Secretary of State's Decision

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 decision
  2. 2 Whether the policy statement contained principles that could have affected the outcome of the planning appeal

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 on the planning appeal.

Court Disposition

Appeal allowed

Orders

  • High Court order quashing the Secretary of State's decision set aside
  • Secretary of State's original decision to dismiss the planning appeal restored