Advearse, R (on the application of) v Dorset Council & Ors

Advearse, R (on the application of) v Dorset Council & Ors

The Officer’s Report failed to properly address the balancing exercise required by NPPF 2012 regarding harm to the Conservation Area and Toll House, but it is highly likely the outcome would have been the same; thus, no relief is granted under section 31(2A) of the Senior Courts Act 1981.

Parties
Claimant: Advearse; Claimant: Lewis Gerolemou; Claimant: Phillip Summerton; Defendant: Dorset Council; Interested Party: Hallam Land Management Ltd
Jurisdiction
England and Wales
Judgment Date
06 April 2020
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim partly succeeds; no relief granted
Legal Topics
Planning Permission, Conservation Areas, Listed Buildings, Areas of Outstanding Natural Beauty, National Planning Policy Framework, Judicial Review, Public Law
Planning Law Administrative Law Environmental Law Planning Permission Conservation Areas Listed Buildings Areas of Outstanding Natural Beauty National Planning Policy Framework +2 more

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Parties

Advearse

Claimant

Lewis Gerolemou

Claimant

Phillip Summerton

Claimant

Dorset Council

Defendant

Hallam Land Management Ltd

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Dorset Council properly considered the effect of the Vearse Farm Development on the Bridport Conservation Area and the Toll House
  2. 2 Whether the Council failed to have regard to statutory provisions and material policies in the NPPF
  3. 3 Whether the Council failed to take account of amendments to the NPPF

Ratio Decidendi

The Officer’s Report failed to properly address the balancing exercise required by NPPF 2012 regarding harm to the Conservation Area and Toll House, but it is highly likely the outcome would have been the same; thus, no relief is granted under section 31(2A) of the Senior Courts Act 1981.

Court Disposition

Claim partly succeeds; no relief granted