Sarah Moakes, R (on the application of) v Canterbury City Council

The appeal was dismissed because no material prejudice was established from the procedural breach, the council's officer report provided adequate reasons for its decision, and the Medway appeal was factually distinguishable, thus no obligation to explain departure.

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 From High Court to Court of Appeal
Outcome: Appeal dismissed
Legal Topics: Procedural Fairness, Duty to Give Reasons, Statutory Consultee Weight, Planning Permission, Area of Outstanding Natural Beauty, Judicial Review Grounds

Administrative Law Planning Law Procedural Fairness Duty to Give Reasons Statutory Consultee Weight Planning Permission Area of Outstanding Natural Beauty Judicial Review Grounds

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Full judgment text Downloadable case file Legal principles 4 Authorities cited 18 Party arguments 2

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 From High Court to Court of Appeal

Legal Issues

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

Ratio Decidendi

Court Disposition

Appeal dismissed