Mansell v Tonbridge & Malling Borough Council

Mansell v Tonbridge & Malling Borough Council

The Council's interpretation of permitted development rights under Class Q was correct, the fall back position was realistic, the officer's report did not mislead the committee regarding the NPPF, the conservation area and listed buildings were properly considered, and the Area Planning Committee had jurisdiction as the development was not in fundamental conflict with the development plan.

Parties
Claimant: Michael Mansell; Defendant: Tonbridge & Malling Borough Council
Jurisdiction
England and Wales
Judgment Date
10 November 2016
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Permitted Development Rights, National Planning Policy Framework, Conservation Areas, Listed Buildings, Local Government Jurisdiction
Planning Law Administrative Law Permitted Development Rights National Planning Policy Framework Conservation Areas Listed Buildings Local Government Jurisdiction

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Parties

Michael Mansell

Claimant

Tonbridge & Malling Borough Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the Council adopted an unlawful approach to 'fall back' under the 2015 GPDO
  2. 2 Whether the Council adopted an unlawful approach to the NPPF
  3. 3 Whether the Council failed to properly consider effects on listed buildings and conservation area

Ratio Decidendi

The Council's interpretation of permitted development rights under Class Q was correct, the fall back position was realistic, the officer's report did not mislead the committee regarding the NPPF, the conservation area and listed buildings were properly considered, and the Area Planning Committee had jurisdiction as the development was not in fundamental conflict with the development plan.

Court Disposition

Claim dismissed