Corbett, R (On the Application Of) v The Cornwall Council

The phrase 'immediately adjoining the settlement' in Policy 3 is not limited to sites physically touching the settlement with no intervening feature; it includes sites 'next to' or 'very near' the settlement. Whether a site is immediately adjoining involves an element of planning judgment. The Council did not misinterpret the policy or err in law.

Parties: Claimant: William Corbett; Defendant: Cornwall Council; Interested Party: Dympna Wilson
Jurisdiction: England and Wales
Judgment Date: 30 April 2021
Procedural Posture: Judicial Review / Final Judgment After Oral Hearing
Outcome: Claim dismissed
Legal Topics: Interpretation of Planning Policy, Meaning of 'immediately Adjoining Settlement', Application of Cornwall Local Plan Policy 3, Judicial Review of Planning Decisions

Planning Law Administrative Law Interpretation of Planning Policy Meaning of 'immediately Adjoining Settlement' Application of Cornwall Local Plan Policy 3 Judicial Review of Planning Decisions

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Parties

William Corbett

Claimant

Cornwall Council

Defendant

Dympna Wilson

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Oral Hearing

Legal Issues

1 What is the correct legal interpretation of 'immediately adjoining the settlement' in Policy 3 of the Cornwall Local Plan?
2 Did the Council misinterpret and misapply Policy 3 in granting planning permission?
3 Is the interpretation of 'immediately adjoining' a matter of law or planning judgment?

Ratio Decidendi

Court Disposition

Claim dismissed