Milton (Peterborough) Estates Company (t/a Fitzwilliam (Malton) Estate, R (on the application of) v Ryedale District Council & Anor

Milton (Peterborough) Estates Company (t/a Fitzwilliam (Malton) Estate, R (on the application of) v Ryedale District Council & Anor

The officer's report misled the committee regarding the Inspector's findings on the sequential test and retail impact, failed to provide adequate reasons for departing from the Inspector's decision, omitted material considerations regarding the LMS site as part of the town centre, and failed to reconsider EIA screening in light of changed circumstances. These errors rendered the grant of planning permission unlawful.

Parties
Claimant: Milton (Peterborough) Estates Company trading as Fitzwilliam (Malton) Estate; Defendant: Ryedale District Council; Interested Party: GMI Holbeck Land (Malton) Limited
Jurisdiction
England and Wales
Judgment Date
09 July 2015
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed; planning permission quashed.
Legal Topics
Judicial Review, Planning Permission, Sequential Test, Retail Impact Assessment, Environmental Impact Assessment (eia), Material Considerations, Officer's Report, Development Plan, Screening Opinion
Planning Law Administrative Law Environmental Law Judicial Review Planning Permission Sequential Test Retail Impact Assessment Environmental Impact Assessment (eia) +4 more

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Parties

Milton (Peterborough) Estates Company trading as Fitzwilliam (Malton) Estate

Claimant

Ryedale District Council

Defendant

GMI Holbeck Land (Malton) Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the planning committee was misled regarding the Inspector's findings on the sequential test
  2. 2 Whether adequate reasons were given for departing from the Inspector's decision
  3. 3 Whether the council failed to consider the impact on planned investment in the town centre

Ratio Decidendi

The officer's report misled the committee regarding the Inspector's findings on the sequential test and retail impact, failed to provide adequate reasons for departing from the Inspector's decision, omitted material considerations regarding the LMS site as part of the town centre, and failed to reconsider EIA screening in light of changed circumstances. These errors rendered the grant of planning permission unlawful.

Court Disposition

Claim allowed; planning permission quashed.

Orders

  • The decision of Ryedale District Council to grant planning permission on 12th September 2014 to GMI Holbeck Land (Malton) Limited is quashed.