Enterprise Hangars Ltd v Fareham Borough Council

Enterprise Hangars Ltd v Fareham Borough Council

The defendant, as local planning authority, unlawfully fettered its discretion and acted irrationally by refusing access for a badger survey based on land ownership and its Vision, thereby thwarting the proper operation of the planning process and denying procedural fairness to the claimant.

Parties
Claimant: Enterprise Hangars Ltd; Defendant: Fareham Borough Council
Jurisdiction
England and Wales
Judgment Date
11 September 2024
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed; decision quashed.
Legal Topics
Procedural Fairness, Fettering of Discretion, Planning Permission, Land Ownership, Natural Justice, Ecological Survey, Protected Species
Administrative Law Planning Law Local Government Law Procedural Fairness Fettering of Discretion Planning Permission Land Ownership Natural Justice +2 more

Case Brief

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Parties

Enterprise Hangars Ltd

Claimant

Fareham Borough Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the defendant unlawfully refused access for a badger survey needed for planning permission
  2. 2 Whether the defendant fettered its discretion as planning authority by acting as landowner
  3. 3 Whether procedural unfairness occurred in the planning process

Ratio Decidendi

The defendant, as local planning authority, unlawfully fettered its discretion and acted irrationally by refusing access for a badger survey based on land ownership and its Vision, thereby thwarting the proper operation of the planning process and denying procedural fairness to the claimant.

Court Disposition

Claim allowed; decision quashed.

Orders

  • Decision refusing access for badger survey quashed.
  • Mandatory order for defendant to grant access for survey (subject to written submissions).