Smech Properties Ltd v Runnymede Borough Council & Anor

Smech Properties Ltd v Runnymede Borough Council & Anor

The judge was entitled to find that, even if the Council had been properly advised regarding the objectively assessed housing need and the Green Belt policy, it was inevitable that the planning committee would have granted permission 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.

Parties
Appellant: Smech Properties Limited; 1st Respondent: Runnymede Borough Council; 2nd Respondents: Crest Nicholson Operations Limited & CGNU Life Assurance Limited
Jurisdiction
England and Wales
Judgment Date
03 February 2016
Procedural Posture
Judicial Review (planning Permission) / Appeal From High Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Planning Permission, Green Belt Policy, Exercise of Judicial Discretion
Planning Law Administrative Law Judicial Review Planning Permission Green Belt Policy Exercise of Judicial Discretion

Case Brief

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Parties

Smech Properties Limited

Appellant

Runnymede Borough Council

1st Respondent

Crest Nicholson Operations Limited & CGNU Life Assurance Limited

2nd Respondents

Procedural Posture

Judicial Review (planning Permission) / Appeal From High Court to Court of Appeal

Legal Issues

  1. 1 Whether the High Court judge erred in exercising discretion to refuse to quash a planning permission granted on the basis of a materially misleading officer report regarding housing land supply and Green Belt policy.

Ratio Decidendi

The judge was entitled to find that, even if the Council had been properly advised regarding the objectively assessed housing need and the Green Belt policy, it was inevitable that the planning committee would have granted permission 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; the planning permission stands.