Corbett v The Cornwall Council

Corbett v The Cornwall Council

The Defendant failed to properly apply the development plan, specifically saved Policy 14, which prohibits developments causing harm to Areas of Great Landscape Value unless material considerations justify departure. The officer’s report did not make clear that the decision was not in accordance with the development plan nor identify material considerations justifying such a departure. The reasons given were inadequate and the decision was therefore unlawful.

Parties
Claimant: William Corbett; Defendant: The Cornwall Council; Interested Party: Steven Tavener
Jurisdiction
England and Wales
Judgment Date
01 May 2019
Procedural Posture
Judicial Review / Judgment After Substantive Hearing
Outcome
Claim allowed; planning permission quashed
Legal Topics
Development Plan Interpretation, Planning Permission, Material Considerations, Areas of Great Landscape Value, Duty to Give Reasons
Administrative Law Planning Law Development Plan Interpretation Planning Permission Material Considerations Areas of Great Landscape Value Duty to Give Reasons

Case Brief

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Parties

William Corbett

Claimant

The Cornwall Council

Defendant

Steven Tavener

Interested Party

Procedural Posture

Judicial Review / Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether the Defendant properly considered the development plan in granting planning permission
  2. 2 Whether the reasons for granting planning permission were adequate

Ratio Decidendi

The Defendant failed to properly apply the development plan, specifically saved Policy 14, which prohibits developments causing harm to Areas of Great Landscape Value unless material considerations justify departure. The officer’s report did not make clear that the decision was not in accordance with the development plan nor identify material considerations justifying such a departure. The reasons given were inadequate and the decision was therefore unlawful.

Court Disposition

Claim allowed; planning permission quashed

Orders

  • The decision granting planning permission is quashed.