Loader, R (On the Application Of) v Rother District Council & Anor [2016] EWCA Civ 795 (28 July 2016)

The council's officer report misled the committee by stating 'No comments received' from the Victorian Society, when in fact no effective consultation occurred; this misinformation was significant and could have affected the decision, invalidating the grant of planning permission.

Citation: [2016] EWCA Civ 795
Parties: Appellant: Anne-Marie Loader; First Respondent: Rother District Council; Second Respondent: Churchill Retirement Living Ltd.
Jurisdiction: England and Wales
Judgment Date: 28 July 2016
Procedural Posture: Judicial Review Appeal / Court of Appeal (civil Division)
Outcome: Appeal allowed in part
Legal Topics: Consultation Requirements, Open Space Policy, Listed Buildings, Statutory Interpretation, Judicial Discretion

Planning Law Administrative Law Heritage Law Consultation Requirements Open Space Policy Listed Buildings Statutory Interpretation Judicial Discretion

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Parties

Anne-Marie Loader

Appellant

Rother District Council

First Respondent

Churchill Retirement Living Ltd.

Second Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division)

Legal Issues

1 Did the council misinterpret and misapply paragraph 74 of the NPPF?
2 Should the planning permission be quashed for failure to notify English Heritage?
3 Was the council's committee seriously misled regarding the Victorian Society's position?

Ratio Decidendi

Court Disposition

Appeal allowed in part

Orders

Planning permission quashed due to misleading consultation report regarding the Victorian Society