Smech Properties Ltd v Runnymede Borough Council & Anor [2016] EWCA Civ 42 (03 February 2016)

Smech Properties Ltd v Runnymede Borough Council & Anor [2016] EWCA Civ 42 (03 February 2016)

The judge was entitled to find that, even if the Council had been properly advised regarding housing need and land supply, it was inevitable that planning permission would have been granted due to the pressing housing need, the suitability of the site, and the limited harm to the Green Belt. Therefore, the exercise of discretion to refuse to quash the permission was not wrong.

Citation
[2016] EWCA Civ 42
Parties
Appellant: Smech Properties Limited; 1st Respondent: Runnymede Borough Council; 2nd Respondent: Crest Nicholson Operations Limited; 2nd Respondent: CGNU Life Assurance Limited
Jurisdiction
England and Wales
Judgment Date
03 February 2016
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Green Belt Development, Planning Permission, Housing Land Supply, Exercise of Judicial Discretion, National Planning Policy Framework (nppf), Very Special Circumstances, Officer Report Error
Planning Law Administrative Law Judicial Review Green Belt Development Planning Permission Housing Land Supply Exercise of Judicial Discretion National Planning Policy Framework (nppf) +2 more

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Parties

Smech Properties Limited

Appellant

Runnymede Borough Council

1st Respondent

Crest Nicholson Operations Limited

2nd Respondent

CGNU Life Assurance Limited

2nd Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the High Court judge erred in exercising discretion to refuse to quash planning permission despite material error in Officer Report
  2. 2 Whether it was inevitable that the Council would have granted planning permission if properly advised

Ratio Decidendi

The judge was entitled to find that, even if the Council had been properly advised regarding housing need and land supply, it was inevitable that planning permission would have been granted due to the pressing housing need, the suitability of the site, and the limited harm to the Green Belt. Therefore, the exercise of discretion to refuse to quash the permission was not wrong.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed; planning permission stands.