Sienkiewicz, R (On the Application Of) v South Somerset District Council & Anor

Sienkiewicz, R (On the Application Of) v South Somerset District Council & Anor

Condition 8 of the planning permission, which limited the benefit of the permission to Probiotics International Ltd (or any successor company), was invalid as it did not serve a planning purpose, was not fairly and reasonably related to the development, and was irrational. The condition was not severable from the...

Source-derived case information.

Parties
Claimant: Teresa Sienkiewicz; Defendant: South Somerset District Council; Interested Party: Probiotics International Limited
Jurisdiction
England and Wales
Judgment Date
19 December 2013
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim allowed in part; planning permission quashed
Legal Topics
Planning Permission, Judicial Review, Planning Conditions, Environmental Impact Assessment, Local Government Procedure
Planning Law Administrative Law Planning Permission Judicial Review Planning Conditions Environmental Impact Assessment Local Government Procedure

Source-derived case record

Summary, issues, holding and outcome

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Parties

Teresa Sienkiewicz

Claimant

South Somerset District Council

Defendant

Probiotics International Limited

Interested Party

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the local planning authority adopted an unlawful approach to the development plan and the National Planning Policy Framework
  2. 2 Whether condition 8 limiting permission to Probiotics (or successor company) was lawful
  3. 3 Whether adequate reasons were given for the grant of planning permission and the imposition of condition 8

Ratio Decidendi

Condition 8 of the planning permission, which limited the benefit of the permission to Probiotics International Ltd (or any successor company), was invalid as it did not serve a planning purpose, was not fairly and reasonably related to the development, and was irrational. The condition was not severable from the planning permission, and therefore the entire planning permission must be quashed.

Court Disposition

Claim allowed in part; planning permission quashed

Orders

  • Planning permission quashed due to invalid condition 8
  • Council to reconsider the application for planning permission