Oliver Perrin, R (on the application of) v North Devon District Council

Oliver Perrin, R (on the application of) v North Devon District Council

The Council's planning committee failed to provide adequate reasons for departing from officer recommendations and did not properly explain why open market housing was preferred over affordable housing, disregarding relevant policies. The decision-making process was tainted by apparent bias due to Councillor Prowse's involvement, rendering the decision unlawful.

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 on Merits
Outcome
Decision quashed
Legal Topics
Judicial Review, Apparent Bias, Planning Permission, Development Plan Interpretation, Sustainable Development, Affordable Housing
Administrative Law Planning Law Judicial Review Apparent Bias Planning Permission Development Plan Interpretation Sustainable Development Affordable Housing

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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 on Merits

Legal Issues

  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 (ST01, ST19, DM23, KKF)
  3. 3 Whether the decision was tainted by apparent bias

Ratio Decidendi

The Council's planning committee failed to provide adequate reasons for departing from officer recommendations and did not properly explain why open market housing was preferred over affordable housing, disregarding relevant policies. The decision-making process was tainted by apparent bias due to Councillor Prowse's involvement, rendering the decision unlawful.

Court Disposition

Decision quashed

Orders

  • The Council's decision to grant planning permission is quashed.
  • The parties are to agree a form of order reflecting the judgment and lodge it within 14 days.