Morris, R (on the application of) v Wealden District Council

Morris, R (on the application of) v Wealden District Council

The planning committee failed to properly apply the primary policy prohibiting development that does not conserve or enhance the Area of Outstanding Natural Beauty, and did not demonstrate that recreational benefits outweighed the environmental harm; therefore, the grant of planning permission was unlawful and must be quashed.

Parties
Claimant: The Queen on the Application of Morris; Defendant: Wealden District Council
Jurisdiction
England and Wales
Judgment Date
04 November 2014
Procedural Posture
Judicial Review / Final Judgment
Outcome
planning permission quashed
Legal Topics
Planning Permission, Areas of Outstanding Natural Beauty, Sustainable Development, Recreational Facilities, Environmental Harm
Planning Law Environmental Law Planning Permission Areas of Outstanding Natural Beauty Sustainable Development Recreational Facilities Environmental Harm

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Parties

The Queen on the Application of Morris

Claimant

Wealden District Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the grant of planning permission for floodlighting at Wadhurst Tennis Club within an Area of Outstanding Natural Beauty was lawful
  2. 2 Whether the planning committee correctly applied relevant planning policies and material considerations
  3. 3 Whether sufficient weight was given to environmental protection versus recreational benefits

Ratio Decidendi

The planning committee failed to properly apply the primary policy prohibiting development that does not conserve or enhance the Area of Outstanding Natural Beauty, and did not demonstrate that recreational benefits outweighed the environmental harm; therefore, the grant of planning permission was unlawful and must be quashed.

Court Disposition

planning permission quashed

Orders

  • Planning permission granted by Wealden District Council is quashed.
  • Costs to be agreed or subject to detailed assessment if not agreed, subject to Aarhus cap.