Stephanie Croft, R (on the application of) v Torridge District Council

Stephanie Croft, R (on the application of) v Torridge District Council

The Council misinterpreted Policy NOR7(2)(c) by treating it as permitting more than one vehicular access from Pitt Lane to the site, when its correct, objective meaning is to permit only a single access. This misinterpretation materially affected the Officer’s Report and the planning committee’s decision, rendering the grant of planning permission unlawful.

Parties
Claimant: Stephanie Croft; Defendant: Torridge District Council; Interested Party: Philip Waters
Jurisdiction
England and Wales
Judgment Date
15 April 2025
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed; planning permission quashed.
Legal Topics
Interpretation of Planning Policy, Judicial Review of Planning Decisions, Local Development Plans, Highway Access Requirements
Planning Law Administrative Law Interpretation of Planning Policy Judicial Review of Planning Decisions Local Development Plans Highway Access Requirements

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Parties

Stephanie Croft

Claimant

Torridge District Council

Defendant

Philip Waters

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Torridge District Council misinterpreted Policy NOR7(2)(c) of the North Devon and Torridge Local Plan when granting planning permission for vehicular access to the Triangle Site
  2. 2 Whether the planning committee was materially misled by the Officer’s Report regarding the number of permitted accesses under the Policy

Ratio Decidendi

The Council misinterpreted Policy NOR7(2)(c) by treating it as permitting more than one vehicular access from Pitt Lane to the site, when its correct, objective meaning is to permit only a single access. This misinterpretation materially affected the Officer’s Report and the planning committee’s decision, rendering the grant of planning permission unlawful.

Court Disposition

Claim allowed; planning permission quashed.

Orders

  • The decision to grant planning permission dated 8 April 2024 is quashed.
  • Parties to file agreed or competing draft orders regarding consequential matters by the specified deadline.