Greenfields (IOW) Limited (R, on the application of) v Isle of Wight Council & Anor

Greenfields (IOW) Limited (R, on the application of) v Isle of Wight Council & Anor

The Council’s failure to publish the section 106 agreement on the planning register prior to granting planning permission was unlawful and rendered the decision invalid, as it deprived interested parties of the opportunity to comment on the financial contribution for highway improvements; the court could not be satisfied that the outcome would not have been substantially different had the agreement been published.

Parties
Appellant: Greenfields (IOW) Limited; First Respondent: Isle of Wight Council; Second Respondent: Westridge Village Limited
Jurisdiction
England and Wales
Judgment Date
16 April 2025
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part
Legal Topics
Planning Permission, Section 106 Agreements, Procedural Irregularity, Bias, Material Considerations, Statutory Compliance
Administrative Law Planning Law Planning Permission Section 106 Agreements Procedural Irregularity Bias Material Considerations Statutory Compliance

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Parties

Greenfields (IOW) Limited

Appellant

Isle of Wight Council

First Respondent

Westridge Village Limited

Second Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether failure to publish section 106 agreement on planning register invalidated planning permission
  2. 2 Whether planning committee failed to consider material considerations
  3. 3 Whether appearance of bias vitiated committee resolution

Ratio Decidendi

The Council’s failure to publish the section 106 agreement on the planning register prior to granting planning permission was unlawful and rendered the decision invalid, as it deprived interested parties of the opportunity to comment on the financial contribution for highway improvements; the court could not be satisfied that the outcome would not have been substantially different had the agreement been published.

Court Disposition

Appeal allowed in part

Orders

  • Decision of 4 August 2023 issuing planning permission quashed
  • Council to place section 106 agreement on planning register and allow comment