Corbett, R (On the Application Of) v

Corbett, R (On the Application Of) v

The council did not err in law by granting planning permission for a development that conflicted with Policy 14 but was supported by Policy 5; the correct approach is to consider the development plan as a whole and exercise planning judgment as to the weight of conflicting policies. The officer's report was legally adequate and Policy 7 was not engaged on the facts.

Parties
Respondent: William Corbett; Appellant: The Cornwall Council; Interested Party: Stephen Tavener
Jurisdiction
England and Wales
Judgment Date
09 April 2020
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Interpretation of Development Plan Policies, Section 38(6) Planning and Compulsory Purchase Act 2004, Section 70(2) Town and Country Planning Act 1990, Tourism Development in Protected Landscapes, Judicial Review of Planning Decisions
Planning Law Administrative Law Interpretation of Development Plan Policies Section 38(6) Planning and Compulsory Purchase Act 2004 Section 70(2) Town and Country Planning Act 1990 Tourism Development in Protected Landscapes Judicial Review of Planning Decisions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 17 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

William Corbett

Respondent

The Cornwall Council

Appellant

Stephen Tavener

Interested Party

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the local planning authority erred in law in granting planning permission for a development in conflict with policies protecting Areas of Great Landscape Value but compliant with other policies, and thus in accordance with the plan as a whole.
  2. 2 Whether the officer's report to committee was legally adequate in its reasoning and advice.
  3. 3 Whether Policy 7 of the Cornwall Local Plan (housing in the countryside) was relevant and misapplied.

Ratio Decidendi

The council did not err in law by granting planning permission for a development that conflicted with Policy 14 but was supported by Policy 5; the correct approach is to consider the development plan as a whole and exercise planning judgment as to the weight of conflicting policies. The officer's report was legally adequate and Policy 7 was not engaged on the facts.

Court Disposition

Appeal allowed

Orders

  • Order of the High Court quashing planning permission set aside
  • Planning permission reinstated