Moakes, R (On the Application Of) v Canterbury City Council) [2025] EWCA Civ 927 (21 July 2025)

Moakes, R (On the Application Of) v Canterbury City Council) [2025] EWCA Civ 927 (21 July 2025)

The appeal was dismissed because the breaches of the council's constitution did not cause material prejudice to Ms Moakes or the objectors; all objections were adequately considered in written representations and officer reports; the council gave sufficient reasons for its decision, including for departing from statutory consultees' views; and the Medway appeal was materially distinguishable, so no obligation to give reasons for departure existed.

Citation
[2025] EWCA Civ 927
Parties
Claimant and Appellant: Sarah Moakes; Defendant and First Respondent: Canterbury City Council; Interested Party and Second Respondent: Gary Walters (on behalf of HICO Group)
Jurisdiction
England and Wales
Judgment Date
21 July 2025
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division) Judgment
Outcome
Appeal dismissed
Legal Topics
Procedural Fairness, Duty to Give Reasons, Statutory Consultee Weight, Planning Permission, Area of Outstanding Natural Beauty, Judicial Review, Local Government Procedure
Administrative Law Planning Law Procedural Fairness Duty to Give Reasons Statutory Consultee Weight Planning Permission Area of Outstanding Natural Beauty Judicial Review +1 more

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Parties

Sarah Moakes

Claimant and Appellant

Canterbury City Council

Defendant and First Respondent

Gary Walters (on behalf of HICO Group)

Interested Party and Second Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division) Judgment

Legal Issues

  1. 1 Whether breach of council constitution amounted to procedural unfairness justifying quashing the planning permission
  2. 2 Whether council failed to give adequate reasons for rejecting statutory consultees' views
  3. 3 Whether council was obliged to give reasons for departing from a previous appeal decision (Medway appeal)

Ratio Decidendi

The appeal was dismissed because the breaches of the council's constitution did not cause material prejudice to Ms Moakes or the objectors; all objections were adequately considered in written representations and officer reports; the council gave sufficient reasons for its decision, including for departing from statutory consultees' views; and the Medway appeal was materially distinguishable, so no obligation to give reasons for departure existed.

Court Disposition

Appeal dismissed