Newey, R (On the Application Of) v South Hams District Council

Newey, R (On the Application Of) v South Hams District Council

The Council breached its statutory duty under regulation 7 of the 2014 Regulations by failing to provide a written record of reasons for the delegated approval of the Construction Method Statement, as the decision affected the Claimant’s rights. The Council also failed to have regard to the National Planning Policy Framework and ground conditions when varying Condition 3, rendering the decisions unlawful.

Parties
Claimant: Mrs Emma Newey; Defendant: South Hams District Council; Interested Party: Mr Stewart Killick; Interested Party: Mrs Killick
Jurisdiction
England and Wales
Judgment Date
27 July 2018
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim allowed; decisions quashed and remitted for re-determination.
Legal Topics
Delegated Decision Making, Duty to Give Reasons, Planning Conditions, Judicial Review, Material Considerations, Statutory Interpretation
Administrative Law Planning Law Delegated Decision Making Duty to Give Reasons Planning Conditions Judicial Review Material Considerations Statutory Interpretation

Case Brief

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Parties

Mrs Emma Newey

Claimant

South Hams District Council

Defendant

Mr Stewart Killick

Interested Party

Mrs Killick

Interested Party

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Council breached its statutory duty to give reasons for a delegated decision under regulation 7 of the Openness of Local Government Bodies Regulations 2014
  2. 2 Whether the Council failed to have regard to the purpose of Condition 4 and the impact of the Construction Method Statement on neighbouring properties
  3. 3 Whether the Council failed to consider ground conditions and the National Planning Policy Framework when varying Condition 3

Ratio Decidendi

The Council breached its statutory duty under regulation 7 of the 2014 Regulations by failing to provide a written record of reasons for the delegated approval of the Construction Method Statement, as the decision affected the Claimant’s rights. The Council also failed to have regard to the National Planning Policy Framework and ground conditions when varying Condition 3, rendering the decisions unlawful.

Court Disposition

Claim allowed; decisions quashed and remitted for re-determination.

Orders

  • Declaration that approval of the Construction Method Statement was unlawful due to breach of statutory duty to give reasons.
  • Order quashing the Second Variation Permission for failure to give reasons and failure to consider the NPPF and ground conditions.