Barker & Ors, R (on the application of) v Waverley Borough Council & Anor [2001] EWCA Civ 566 (5 April 2001)

Barker & Ors, R (on the application of) v Waverley Borough Council & Anor [2001] EWCA Civ 566 (5 April 2001)

The Council's removal of the reverter condition was lawful; no immaterial consideration improperly influenced the decision, the removal was not irrational, and no substantive legitimate expectation could override the Council's statutory duty to determine the application under section 73 of the Town and Country Planning Act 1990.

Citation
[2001] EWCA Civ 566
Parties
Claimants/respondents: Peter Barker and others; 1st Defendant/appellant: Waverley Borough Council; 2nd Defendant/applicant/appellant: BAE Systems PLC
Jurisdiction
England and Wales
Judgment Date
05 April 2001
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Planning Permissions, Legitimate Expectation, Material Considerations, Irrationality (wednesbury), Section 73 Town and Country Planning Act 1990
Administrative Law Planning Law Planning Permissions Legitimate Expectation Material Considerations Irrationality (wednesbury) Section 73 Town and Country Planning Act 1990

Case Brief

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Parties

Peter Barker and others

Claimants/respondents

Waverley Borough Council

1st Defendant/appellant

BAE Systems PLC

2nd Defendant/applicant/appellant

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether removal of the 'reverter condition' from planning permission was unlawful
  2. 2 Whether Council considered immaterial considerations
  3. 3 Whether removal was irrational under Wednesbury principles

Ratio Decidendi

The Council's removal of the reverter condition was lawful; no immaterial consideration improperly influenced the decision, the removal was not irrational, and no substantive legitimate expectation could override the Council's statutory duty to determine the application under section 73 of the Town and Country Planning Act 1990.

Court Disposition

Appeal allowed

Orders

  • Sir Richard Tucker's order of 7 December 2000 quashed
  • Respondent to pay first appellant's costs in both courts, subject to detailed assessment if not agreed