Cherkley Campaign Ltd, R (on the application of) v Longshot Cherkley Court Ltd

Cherkley Campaign Ltd, R (on the application of) v Longshot Cherkley Court Ltd

The Council failed to properly interpret and apply the requirement to demonstrate 'need' for further golf facilities, equating private demand with public need, failed to direct the development away from protected landscape as required, failed to apply the 'very special circumstances' test under Green Belt policy, and gave inadequate reasons. The decision was irrational and contrary to planning policy.

Parties
Claimant: Cherkley Campaign Limited; Defendant: Mole Valley District Council; Interested Party: Longshot Cherkley Court Limited
Jurisdiction
England and Wales
Judgment Date
22 August 2013
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed; planning permission quashed
Legal Topics
Judicial Review, Planning Permission, Green Belt Policy, Area of Outstanding Natural Beauty (aonb), Development Plan Interpretation, Material Considerations, Landscape Protection
Planning Law Administrative Law Environmental Law Judicial Review Planning Permission Green Belt Policy Area of Outstanding Natural Beauty (aonb) Development Plan Interpretation +2 more

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Parties

Cherkley Campaign Limited

Claimant

Mole Valley District Council

Defendant

Longshot Cherkley Court Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Council lawfully interpreted and applied the requirement to demonstrate 'need' for further golf facilities under the development plan
  2. 2 Whether the Council lawfully considered the impact on protected landscape (AONB/AGLV) and applied relevant policies
  3. 3 Whether the Council lawfully applied Green Belt policy, including the test for 'very special circumstances'

Ratio Decidendi

The Council failed to properly interpret and apply the requirement to demonstrate 'need' for further golf facilities, equating private demand with public need, failed to direct the development away from protected landscape as required, failed to apply the 'very special circumstances' test under Green Belt policy, and gave inadequate reasons. The decision was irrational and contrary to planning policy.

Court Disposition

Claim allowed; planning permission quashed

Orders

  • The decision by Mole Valley District Council on 21 September 2012 to grant planning permission to Longshot Cherkley Court Limited is quashed.
  • The matter is remitted for reconsideration in accordance with the law.