R (on the application of Wright) v Resilient Energy Severndale Ltd and Forest of Dean District Council

R (on the application of Wright) v Resilient Energy Severndale Ltd and Forest of Dean District Council

The promise to provide a community fund donation does not qualify as a material consideration under section 70(2) of the Town and Country Planning Act 1990 and section 38(6) of the Planning and Compulsory Purchase Act 2004 because it does not serve a planning purpose, is not related to land use, and constitutes an attempt to buy planning permission, which is prohibited by established legal principles.

Parties
Respondent: Mr Wright; Appellant: Resilient Energy Severndale Ltd; Appellant: Forest of Dean District Council; Intervener: Secretary of State for Housing, Communities and Local Government
Jurisdiction
England and Wales
Judgment Date
20 November 2019
Procedural Posture
Judicial Review / Supreme Court Appeal
Outcome
Appeal dismissed
Legal Topics
Material Planning Considerations, Community Benefit Funds, Statutory Interpretation, Planning Permission
Planning Law Administrative Law Material Planning Considerations Community Benefit Funds Statutory Interpretation Planning Permission

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 19 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Mr Wright

Respondent

Resilient Energy Severndale Ltd

Appellant

Forest of Dean District Council

Appellant

Secretary of State for Housing, Communities and Local Government

Intervener

Procedural Posture

Judicial Review / Supreme Court Appeal

Legal Issues

  1. 1 Whether a community fund donation is a material consideration under section 70(2) of the Town and Country Planning Act 1990 and section 38(6) of the Planning and Compulsory Purchase Act 2004
  2. 2 Whether the Council was entitled to include condition 28 in the planning permission

Ratio Decidendi

The promise to provide a community fund donation does not qualify as a material consideration under section 70(2) of the Town and Country Planning Act 1990 and section 38(6) of the Planning and Compulsory Purchase Act 2004 because it does not serve a planning purpose, is not related to land use, and constitutes an attempt to buy planning permission, which is prohibited by established legal principles.

Court Disposition

Appeal dismissed

Orders

  • Grant of planning permission quashed