Wiltshire Council v Secretary of State for Housing, Communities and Local Government & Anor

Wiltshire Council v Secretary of State for Housing, Communities and Local Government & Anor

A subsequent event, such as fire damage occurring after a planning inspector's decision, cannot retrospectively render a lawful decision unlawful under section 288 TCPA 1990. The inspector's decision was valid on the facts as they existed at the time, and there was no mistake of fact or external injustice. Statutory planning procedures provide the appropriate mechanism for addressing changes in circumstances.

Parties
Claimant: Wiltshire Council; First Defendant: Secretary of State for Housing, Communities and Local Government; Second Defendant: Old Sarum Airfield Limited
Jurisdiction
England and Wales
Judgment Date
03 March 2026
Procedural Posture
Planning Statutory Review / Judgment After Hearing
Outcome
Application dismissed
Legal Topics
Statutory Review Under TCPA 1990, Mistake of Fact in Public Law, External Injustice, Heritage Assets, Listed Building Consent, Planning Conditions
Planning Law Administrative Law Statutory Review Under TCPA 1990 Mistake of Fact in Public Law External Injustice Heritage Assets Listed Building Consent Planning Conditions

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Parties

Wiltshire Council

Claimant

Secretary of State for Housing, Communities and Local Government

First Defendant

Old Sarum Airfield Limited

Second Defendant

Procedural Posture

Planning Statutory Review / Judgment After Hearing

Legal Issues

  1. 1 Whether a subsequent event (fire damage) can vitiate a planning inspector's decision under section 288 TCPA 1990
  2. 2 Whether the inspector's decision was based on a material mistake of fact
  3. 3 Whether external injustice or unfairness vitiates the decision

Ratio Decidendi

A subsequent event, such as fire damage occurring after a planning inspector's decision, cannot retrospectively render a lawful decision unlawful under section 288 TCPA 1990. The inspector's decision was valid on the facts as they existed at the time, and there was no mistake of fact or external injustice. Statutory planning procedures provide the appropriate mechanism for addressing changes in circumstances.

Court Disposition

Application dismissed

Orders

  • Application for planning statutory review dismissed
  • Claimant to pay First Defendant’s costs in the sum of £18,512.80