Perrin, R (On the Application Of) v North Devon District Council [2026] EWHC 535 (Admin) (19 March 2026)

Perrin, R (On the Application Of) v North Devon District Council [2026] EWHC 535 (Admin) (19 March 2026)

The Council's decision to grant planning permission was irrational and inadequately reasoned because it failed to explain why greater weight was given to open market housing over affordable housing, did not properly engage with relevant planning policies, and left significant doubt about the rationale for departing from officers' recommendations. The reasons provided did not address the principal policy framework for affordable homes, rendering the decision unlawful.

Citation
[2026] EWHC 535 (Admin)
Parties
Claimant: Oliver Perrin; Defendant: North Devon District Council; Interested Party: Nicholas Kent-Smith; Interested Party: Jemma Claire Grigg
Jurisdiction
England and Wales
Judgment Date
19 March 2026
Procedural Posture
Judicial Review / Final Judgment
Outcome
Decision quashed; planning permission set aside.
Legal Topics
Judicial Review, Planning Permission, Local Government, Bias in Decision Making, Affordable Housing

Case Brief

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Parties

Oliver Perrin

Claimant

North Devon District Council

Defendant

Nicholas Kent-Smith

Interested Party

Jemma Claire Grigg

Interested Party

Procedural Posture

Judicial Review / Final Judgment

  1. 1 Whether the Council's decision to grant planning permission was irrational and inadequately reasoned
  2. 2 Whether the Council failed to properly apply relevant planning policies
  3. 3 Whether apparent bias affected the decision-making process

Ratio Decidendi

The Council's decision to grant planning permission was irrational and inadequately reasoned because it failed to explain why greater weight was given to open market housing over affordable housing, did not properly engage with relevant planning policies, and left significant doubt about the rationale for departing from officers' recommendations. The reasons provided did not address the principal policy framework for affordable homes, rendering the decision unlawful.

Court Disposition

Decision quashed; planning permission set aside.

Orders

  • The Council's decision to grant planning permission is quashed.
  • The matter is remitted for reconsideration in accordance with the law.