Legal & General Assurance Society Ltd, R (on the application of) v Rushmoor Borough Council Pillar (Farnborough) Ltd

Legal & General Assurance Society Ltd, R (on the application of) v Rushmoor Borough Council Pillar (Farnborough) Ltd

The council's material error in construing the extent of the durable goods restriction in the 1993 obligation meant it could not be said that the same decision would inevitably have been reached; thus, the planning permissions must be quashed. The obligation did not prohibit subdivision into multiple units.

Parties
Claimant: Legal and General Assurance Society Ltd; Defendant: Rushmoor Borough Council; Interested Party: Pillar (Farnborough) Ltd
Jurisdiction
England and Wales
Judgment Date
09 September 2004
Procedural Posture
Judicial Review / Judgment
Outcome
Planning permissions quashed
Legal Topics
Quashing of Planning Permissions, Interpretation of Planning Obligations, Judicial Review Discretion, Section 106 Agreements
Planning Law Administrative Law Quashing of Planning Permissions Interpretation of Planning Obligations Judicial Review Discretion Section 106 Agreements

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Parties

Legal and General Assurance Society Ltd

Claimant

Rushmoor Borough Council

Defendant

Pillar (Farnborough) Ltd

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the council misconstrued the 1993 planning obligation as to the extent of the durable goods restriction
  2. 2 Whether the 1993 obligation prohibited subdivision of the premises into multiple retail units
  3. 3 Whether the error in construing the obligation was material and should result in quashing the permissions

Ratio Decidendi

The council's material error in construing the extent of the durable goods restriction in the 1993 obligation meant it could not be said that the same decision would inevitably have been reached; thus, the planning permissions must be quashed. The obligation did not prohibit subdivision into multiple units.

Court Disposition

Planning permissions quashed

Orders

  • The two planning permissions granted on 14 January 2004 and 26 January 2004 are quashed.
  • The Section 106 obligation conditional on the second permission is of no effect and does not require formal quashing.