Wyatt, R. (On the Application of) v Fareham Borough Council

Wyatt, R. (On the Application of) v Fareham Borough Council

The court held that Fareham Borough Council's grant of planning permission was lawful, the appropriate assessment was sufficiently precautionary, the occupancy rate and land classification were rational and evidence-based, procedural breaches were immaterial, and the planning officer's report and application of planning policy were not irrational or perverse.

Parties
Claimant: Ronald Wyatt, Chairperson of Brook Avenue Residents Against Development (BARAD), acting in a representative capacity; Defendant: Fareham Borough Council; Interested Party: Lorraine Louise Hanslip; Interested Party: Michael Hanslip; Interested Party: Thomas Lewis Hanslip; Interested Party: Natural England
Jurisdiction
England and Wales
Judgment Date
28 May 2021
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review dismissed
Legal Topics
Habitats Directive, Precautionary Principle, Planning Permission, Nutrient Neutrality, Local Government Procedure, Judicial Review Standards
Environmental Law Planning Law Administrative Law Habitats Directive Precautionary Principle Planning Permission Nutrient Neutrality Local Government Procedure +1 more

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Parties

Ronald Wyatt, Chairperson of Brook Avenue Residents Against Development (BARAD), acting in a representative capacity

Claimant

Fareham Borough Council

Defendant

Lorraine Louise Hanslip

Interested Party

Michael Hanslip

Interested Party

Thomas Lewis Hanslip

Interested Party

Natural England

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Fareham Borough Council's grant of planning permission complied with the Habitats Regulations and the precautionary principle
  2. 2 Whether the occupancy rate used in the nutrient budget was sufficiently precautionary
  3. 3 Whether land classification for nitrogen calculations was rational and evidence-based

Ratio Decidendi

The court held that Fareham Borough Council's grant of planning permission was lawful, the appropriate assessment was sufficiently precautionary, the occupancy rate and land classification were rational and evidence-based, procedural breaches were immaterial, and the planning officer's report and application of planning policy were not irrational or perverse.

Court Disposition

Application for judicial review dismissed