Oates, R (on the application of) v Wealden District Council & Anor [2017] EWHC 806 (Admin) (08 March 2017)

Oates, R (on the application of) v Wealden District Council & Anor [2017] EWHC 806 (Admin) (08 March 2017)

No arguable error of law was established in the planning authority's approach to highway improvements, committee procedure, or habitats assessment; the authority was entitled to rely on the officer's report and impose conditions addressing environmental concerns.

Citation
[2017] EWHC 806 (Admin)
Parties
Claimant: Helen Pamela Oates; Defendant: Wealden District Council; Interested Party: Catesby Estates Limited
Jurisdiction
England and Wales
Judgment Date
08 March 2017
Procedural Posture
Judicial Review / Renewed Application for Permission to Appeal
Outcome
Permission to appeal refused
Legal Topics
Planning Permission, Community Infrastructure Levy, Committee Procedure, Habitats Assessment
Planning Law Administrative Law Environmental Law Planning Permission Community Infrastructure Levy Committee Procedure Habitats Assessment

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Parties

Helen Pamela Oates

Claimant

Wealden District Council

Defendant

Catesby Estates Limited

Interested Party

Procedural Posture

Judicial Review / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the planning authority erred in law regarding highway improvements and CIL contributions
  2. 2 Whether committee procedure was breached by members not attending prior meetings or site visits
  3. 3 Whether failure to conduct an appropriate habitats assessment before granting permission was unlawful

Ratio Decidendi

No arguable error of law was established in the planning authority's approach to highway improvements, committee procedure, or habitats assessment; the authority was entitled to rely on the officer's report and impose conditions addressing environmental concerns.

Court Disposition

Permission to appeal refused

Orders

  • Renewed application for permission to appeal refused
  • No order as to costs for this hearing; previous costs order remains undisturbed