Wates, R (on the application of) v Surrey County Council

Wates, R (on the application of) v Surrey County Council

The planning permission was quashed because the Council's decision was flawed by reliance on inaccurate information regarding the investigation of alternative sites; the committee believed, without sufficient evidence, that there was no other suitable County Council owned site, when in fact the investigation was limited and did not consider all possible alternatives. This rendered the decision Wednesbury unreasonable.

Parties
Claimant: Paul Christopher Ronald Wates; Defendant: Surrey County Council
Jurisdiction
England and Wales
Judgment Date
19 March 2008
Procedural Posture
Judicial Review / Judgment
Outcome
Planning permission quashed; no order as to costs.
Legal Topics
Green Belt Development, Planning Permission, Judicial Review, Wednesbury Unreasonableness, Legitimate Expectation, Planning Conditions, Article 22 Reasons
Planning Law Administrative Law Green Belt Development Planning Permission Judicial Review Wednesbury Unreasonableness Legitimate Expectation Planning Conditions +1 more

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Parties

Paul Christopher Ronald Wates

Claimant

Surrey County Council

Defendant

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the planning permission granted by Surrey County Council was lawful given the requirements for 'very special circumstances' for inappropriate Green Belt development
  2. 2 Whether the reasons given in the decision letter satisfied Article 22 of the Town and Country Planning (General Development Procedure) Order 1995
  3. 3 Whether the Council's conclusion on alternative sites was Wednesbury unreasonable

Ratio Decidendi

The planning permission was quashed because the Council's decision was flawed by reliance on inaccurate information regarding the investigation of alternative sites; the committee believed, without sufficient evidence, that there was no other suitable County Council owned site, when in fact the investigation was limited and did not consider all possible alternatives. This rendered the decision Wednesbury unreasonable.

Court Disposition

Planning permission quashed; no order as to costs.

Orders

  • The grant of planning permission by Surrey County Council is quashed.
  • No order as to costs; each party to bear its own costs.