Wright, R (on the application of) v Forest of Dean District Council Resilient Energy Serverndale Ltd

Wright, R (on the application of) v Forest of Dean District Council Resilient Energy Serverndale Ltd

A voluntary donation to a community benefit fund, even when derived from a community-led project, does not satisfy the legal requirements of being a material consideration in planning decisions unless it relates to the character or use of land and has a real connection with the development. The donation in question was not targeted to address a planning purpose and could be used for any community cause, thus failing the Newbury criteria.

Parties
Appellant: Forest of Dean District Council; Appellant: Resilient Energy Severndale Limited; Respondent: Peter Wright
Jurisdiction
England and Wales
Judgment Date
14 December 2017
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Material Considerations, Community Benefit Funds, Renewable Energy Policy, Judicial Review
Planning Law Administrative Law Material Considerations Community Benefit Funds Renewable Energy Policy Judicial Review

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Parties

Forest of Dean District Council

Appellant

Resilient Energy Severndale Limited

Appellant

Peter Wright

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether a proposed donation to a community benefit fund by a community benefit society is a material consideration in planning decisions
  2. 2 Whether the donation serves a planning purpose and relates to land use
  3. 3 Whether evolving government policy affects the legal definition of material considerations

Ratio Decidendi

A voluntary donation to a community benefit fund, even when derived from a community-led project, does not satisfy the legal requirements of being a material consideration in planning decisions unless it relates to the character or use of land and has a real connection with the development. The donation in question was not targeted to address a planning purpose and could be used for any community cause, thus failing the Newbury criteria.

Court Disposition

appeal dismissed

Orders

  • Appeals dismissed
  • Judgment of Dove J upheld