Ardleigh Parish Council, R (on the application of) v Tendring District Council

Ardleigh Parish Council, R (on the application of) v Tendring District Council

The Council's Officer's Report adequately considered the impact on the AONB and the relevant local policies; any omissions were not materially misleading and the planning judgment was properly exercised. Grounds 1 and 2 are not arguable and do not have a realistic prospect of success.

Parties
Claimant: Ardleigh Parish Council; Defendant: Tendring District Council; Interested Party: Flying Trade Group Limited
Jurisdiction
England and Wales
Judgment Date
15 November 2024
Procedural Posture
Judicial Review / Permission Application
Outcome
Permission refused
Legal Topics
Judicial Review, Planning Permission, Local Government Policy, Areas of Outstanding Natural Beauty (aonb), Development Control
Administrative Law Planning Law Judicial Review Planning Permission Local Government Policy Areas of Outstanding Natural Beauty (aonb) Development Control

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Parties

Ardleigh Parish Council

Claimant

Tendring District Council

Defendant

Flying Trade Group Limited

Interested Party

Procedural Posture

Judicial Review / Permission Application

Legal Issues

  1. 1 Whether the Council failed to consider adequately the impact of the development on the setting of the AONB and failed to apply para.176 of the National Planning Policy Framework (NPPF)
  2. 2 Whether the Council failed to pay adequate regard to policies SPL1 and SPL2 regarding the pattern and scale of growth

Ratio Decidendi

The Council's Officer's Report adequately considered the impact on the AONB and the relevant local policies; any omissions were not materially misleading and the planning judgment was properly exercised. Grounds 1 and 2 are not arguable and do not have a realistic prospect of success.

Court Disposition

Permission refused

Orders

  • Claimant to pay defendant’s costs of preparation of the acknowledgement of service, including pre-action correspondence, and the cost of amending the claim in response to the claimant’s amendment.
  • No order for costs for defendant’s attendance at the oral hearing.