Bates, R (On the Application Of) v MALDON DISTRICT COUNCIL

Bates, R (On the Application Of) v MALDON DISTRICT COUNCIL

The Council lawfully treated the 2015 planning permission as a material consideration in the 2018 application, properly addressed the change in housing land supply, did not fetter its discretion, did not double-count the weight of the 2015 permission, and was entitled to give significant weight to the 2015 permission despite its practical inability to be implemented. The officer’s report, read as a whole, demonstrated lawful and rational planning judgment.

Parties
Appellant: Angus Bates; Respondent: Maldon District Council; Interested Party: Wallace Andrew Cant
Jurisdiction
England and Wales
Judgment Date
23 July 2019
Procedural Posture
Judicial Review Appeal / Appeal From High Court (queen’s Bench Division, Planning Court) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Material Considerations in Planning Decisions, Consistency in Planning Decisions, Weight of Previous Planning Permissions, Five Year Housing Land Supply, Delegated Planning Decisions, Officer’s Reports and Reasons
Administrative Law Planning Law Material Considerations in Planning Decisions Consistency in Planning Decisions Weight of Previous Planning Permissions Five Year Housing Land Supply Delegated Planning Decisions Officer’s Reports and Reasons

Case Brief

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Parties

Angus Bates

Appellant

Maldon District Council

Respondent

Wallace Andrew Cant

Interested Party

Procedural Posture

Judicial Review Appeal / Appeal From High Court (queen’s Bench Division, Planning Court) to Court of Appeal

Legal Issues

  1. 1 Whether the Council lawfully treated the 2015 planning permission as a material consideration in the 2018 application
  2. 2 Whether the Council failed to take into account a material change in circumstances (housing land supply)
  3. 3 Whether the Council unlawfully fettered its discretion by giving significant weight to the 2015 permission

Ratio Decidendi

The Council lawfully treated the 2015 planning permission as a material consideration in the 2018 application, properly addressed the change in housing land supply, did not fetter its discretion, did not double-count the weight of the 2015 permission, and was entitled to give significant weight to the 2015 permission despite its practical inability to be implemented. The officer’s report, read as a whole, demonstrated lawful and rational planning judgment.

Court Disposition

Appeal dismissed