Lyndon-Stanford v Mid Suffolk District Council

Lyndon-Stanford v Mid Suffolk District Council

The claim for judicial review succeeds because the officer reports were significantly misleading regarding the history of the Claimant's efforts to acquire and repair the Barns, affecting the justification for conversion to residential use and the Committee's decision.

Parties
Claimant: Michael Lyndon-Stanford QC; Defendant: Mid Suffolk District Council; Interested Party: Duncan West; Interested Party: Peter West; Interested Party: Warren Hill Farms
Jurisdiction
England and Wales
Judgment Date
19 December 2016
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim for judicial review allowed
Legal Topics
Judicial Review, Planning Permission, Listed Building Consent, Heritage Assets, Procedural Fairness
Administrative Law Planning Law Judicial Review Planning Permission Listed Building Consent Heritage Assets Procedural Fairness

Case Brief

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Parties

Michael Lyndon-Stanford QC

Claimant

Mid Suffolk District Council

Defendant

Duncan West

Interested Party

Peter West

Interested Party

Warren Hill Farms

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Council's officer reports misled the Committee regarding the Claimant's efforts to acquire and repair the Barns
  2. 2 Whether the Council failed to have special regard to the desirability of preserving the Castle's setting as required by statute
  3. 3 Whether the Committee was misdirected about national planning policy regarding optimum viable use and deliberate neglect

Ratio Decidendi

The claim for judicial review succeeds because the officer reports were significantly misleading regarding the history of the Claimant's efforts to acquire and repair the Barns, affecting the justification for conversion to residential use and the Committee's decision.

Court Disposition

Claim for judicial review allowed

Orders

  • Decision of Mid Suffolk District Council granting planning permission and listed building consent quashed