Historic Buildings And Monuments Commission for England, R (On the Application Of) v Milton Keynes Council

Historic Buildings And Monuments Commission for England, R (On the Application Of) v Milton Keynes Council

The committee's collective resolution to grant planning permission, adopting the officer's report as its reasons, satisfied the requirements of Regulation 24(1)(c)(ii); the prioritisation of railway use over retention of non-listed historic buildings was rational and consistent with statutory duties and designation documents; no material prejudice arose from technical breaches, and the application for judicial review must be dismissed.

Parties
Claimant: Historic Buildings and Monuments Commission for England (Historic England); Defendant: Milton Keynes Council; Interested Party: St Modwen Developments Limited
Jurisdiction
England and Wales
Judgment Date
30 July 2018
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review dismissed
Legal Topics
Conservation Areas, Planning Permission, Environmental Impact Assessment, Statutory Duty to Give Reasons, Judicial Review Grounds
Planning Law Administrative Law Heritage Law Conservation Areas Planning Permission Environmental Impact Assessment Statutory Duty to Give Reasons Judicial Review Grounds

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Parties

Historic Buildings and Monuments Commission for England (Historic England)

Claimant

Milton Keynes Council

Defendant

St Modwen Developments Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the defendant failed to comply with Regulation 24(1)(c) of the Town and Country Planning (Environmental Impact Assessment) Regulations 2011 by not providing reasons for the grant of planning permission
  2. 2 Whether the officer's report misunderstood the statutory purpose of the Conservation Area by prioritising railway use over historic buildings
  3. 3 Whether the committee report failed to have regard to the reasons for the designation of the Conservation Area and irrationally concluded that rail use was its main contribution

Ratio Decidendi

The committee's collective resolution to grant planning permission, adopting the officer's report as its reasons, satisfied the requirements of Regulation 24(1)(c)(ii); the prioritisation of railway use over retention of non-listed historic buildings was rational and consistent with statutory duties and designation documents; no material prejudice arose from technical breaches, and the application for judicial review must be dismissed.

Court Disposition

Application for judicial review dismissed