Harvey, R (On the Application Of) v Mendip District Council
On an objective interpretation of DP12, planning permission could only be granted for up to 5 affordable homes, matching the 'clearly identified need' in the 2013 assessment; permission for 6 homes was unlawful.
- Parties
- Appellant: John Harvey; Respondent: Mendip District Council; Interested Party: Patrick Gordon; Interested Party: Madeleine Gordon; Interested Party: Bridgeman Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 07 November 2017
- Procedural Posture
- Judicial Review / Appeal
- Outcome
- appeal allowed
- Legal Topics
- Interpretation of Local Planning Policy, Judicial Review Procedure, Discretionary Relief, Late Service of Appeal Notice
Case Brief
Summary, issues, holding and outcome
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Parties
John Harvey
Appellant
Mendip District Council
Respondent
Patrick Gordon
Interested Party
Madeleine Gordon
Interested Party
Bridgeman Ltd
Interested Party
Procedural Posture
Judicial Review / Appeal
Legal Issues
- 1 Proper interpretation of Development Policy 12 (Rural Exception Sites) in the Local Plan
- 2 Whether planning permission for up to 6 affordable homes exceeded the 'clearly identified need' of 5 homes
- 3 Whether relief should be denied due to late service of appellant's notice
Ratio Decidendi
On an objective interpretation of DP12, planning permission could only be granted for up to 5 affordable homes, matching the 'clearly identified need' in the 2013 assessment; permission for 6 homes was unlawful.
Court Disposition
appeal allowed
Orders
- Planning permission quashed
- Extension of time for service of appellant's notice to 5 January 2017
Full Case Text
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