Cross, R (On the Application Of) v Cornwall Council

Cross, R (On the Application Of) v Cornwall Council

Cornwall Council was under a common law duty to give reasons for granting planning permission in a highly sensitive AONB area, contrary to officer recommendations and substantial public opposition. The reasons provided were inadequate, failing to explain the Committee's departure from the officer's recommendation and the development plan. The Committee also misinterpreted and misapplied relevant development plan policies, particularly by treating agricultural need as sufficient to justify harm to the AONB, contrary to policy 23. The Council's decision was unlawful and must be quashed.

Parties
Claimant: Malcolm Cross; Defendant: Cornwall Council; Interested Party: Chris Wilton
Jurisdiction
England and Wales
Judgment Date
21 May 2021
Procedural Posture
Judicial Review / Final Judgment
Outcome
Decision quashed; relief granted to claimant.
Legal Topics
Judicial Review, Duty to Give Reasons, Development Plan Interpretation, Standing, Planning Permission, Areas of Outstanding Natural Beauty
Administrative Law Planning Law Judicial Review Duty to Give Reasons Development Plan Interpretation Standing Planning Permission Areas of Outstanding Natural Beauty

Case Brief

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Parties

Malcolm Cross

Claimant

Cornwall Council

Defendant

Chris Wilton

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Cornwall Council was under a common law duty to give reasons for granting planning permission contrary to officer recommendations and public opposition
  2. 2 Whether the Council failed to properly interpret and apply relevant development plan policies, specifically policies 7 and 23 of the Local Plan, policy 5 of the RPNDP, and policy MD9 of the AONB Management Plan

Ratio Decidendi

Cornwall Council was under a common law duty to give reasons for granting planning permission in a highly sensitive AONB area, contrary to officer recommendations and substantial public opposition. The reasons provided were inadequate, failing to explain the Committee's departure from the officer's recommendation and the development plan. The Committee also misinterpreted and misapplied relevant development plan policies, particularly by treating agricultural need as sufficient to justify harm to the AONB, contrary to policy 23. The Council's decision was unlawful and must be quashed.

Court Disposition

Decision quashed; relief granted to claimant.

Orders

  • Cornwall Council's decision granting planning permission to Chris Wilton is quashed.
  • Claimant is granted the relief sought.