Wet Finishing Works Ltd, R (On the Application Of) v Taunton Deane Borough Council

Wet Finishing Works Ltd, R (On the Application Of) v Taunton Deane Borough Council

The Defendant breached its duty of procedural fairness by failing to consult the Claimant before entering into the new section 106 agreement, materially affecting the Claimant's legal position; this breach warrants quashing the planning permission.

Parties
Claimant: Wet Finishing Works Limited; Defendant: Taunton Deane Borough Council; Interested Party: Strongvox Homes
Jurisdiction
England and Wales
Judgment Date
20 July 2017
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim for judicial review succeeds on procedural fairness only; planning permission quashed.
Legal Topics
Procedural Fairness, Ultra Vires, Section 106 Agreements, Consultation Duties
Administrative Law Planning Law Procedural Fairness Ultra Vires Section 106 Agreements Consultation Duties

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Parties

Wet Finishing Works Limited

Claimant

Taunton Deane Borough Council

Defendant

Strongvox Homes

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Defendant was required to consult the Claimant before entering into a new section 106 agreement in 2016
  2. 2 Whether the Defendant's decision was ultra vires section 73 of the Town and Country Planning Act 1990

Ratio Decidendi

The Defendant breached its duty of procedural fairness by failing to consult the Claimant before entering into the new section 106 agreement, materially affecting the Claimant's legal position; this breach warrants quashing the planning permission.

Court Disposition

Claim for judicial review succeeds on procedural fairness only; planning permission quashed.

Orders

  • Planning permission granted to the Interested Party under section 73 of the Town and Country Planning Act 1990 is quashed.
  • Application for permission to amend grounds to rely on statutory consultation duty is refused.