Wilkinson, R (On the Application Of) v South Hams District Council & Anor

Wilkinson, R (On the Application Of) v South Hams District Council & Anor

The Council failed to properly inform its committee of the breach of Policy DP8 regarding open space, leading to a material legal error in the planning decision; this error warrants quashing the decision and remitting the application for reconsideration.

Parties
Claimant: Elizabeth Jane Wilkinson; Defendant: South Hams District Council; Interested Party: South Devon Rural Housing Association Limited
Jurisdiction
England and Wales
Judgment Date
25 July 2016
Procedural Posture
Judicial Review / Final Judgment
Outcome
Judicial review allowed on Ground 1; dismissed on Grounds 2 and 3.
Legal Topics
Open Space Protection, European Protected Species, Habitats Directive, Material Considerations in Planning, Public Right of Way, Asset of Community Value
Planning Law Environmental Law Administrative Law Open Space Protection European Protected Species Habitats Directive Material Considerations in Planning Public Right of Way +1 more

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Parties

Elizabeth Jane Wilkinson

Claimant

South Hams District Council

Defendant

South Devon Rural Housing Association Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Council erred in its approach to the loss of open space under national and local policy
  2. 2 Whether the Council erred in its approach to derogation from obligations under the Habitats Directive regarding dormice
  3. 3 Whether the Council failed to take into account material considerations: public use of route and Asset of Community Value request

Ratio Decidendi

The Council failed to properly inform its committee of the breach of Policy DP8 regarding open space, leading to a material legal error in the planning decision; this error warrants quashing the decision and remitting the application for reconsideration.

Court Disposition

Judicial review allowed on Ground 1; dismissed on Grounds 2 and 3.

Orders

  • Decision to grant planning permission quashed
  • Application remitted to the Council for reconsideration