Loader, R (On the Application Of) v Rother District Council & Anor

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 was significantly misleading on a material matter and invalidated the planning decision.

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
Outcome: appeal allowed in part
Legal Topics: Consultation Requirements, Open Space Development, Statutory Interpretation, Heritage Asset Protection

Planning Law Administrative Law Heritage Law Consultation Requirements Open Space Development Statutory Interpretation Heritage Asset Protection

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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

Legal Issues

1 Whether the council misinterpreted and misapplied policy in paragraph 74 of the NPPF
2 Whether the judge should have quashed planning permission for failure to notify English Heritage
3 Whether the council's committee was seriously misled regarding the Victorian Society's position

Ratio Decidendi

Court Disposition

appeal allowed in part

Orders

Planning permission quashed due to materially misleading officer report regarding Victorian Society consultation