Alan Pearce, R (on the application of) v West Berkshire Council

Alan Pearce, R (on the application of) v West Berkshire Council

The officer’s reports and advice were not seriously or significantly misleading in a material way; the planning committee properly considered the application on its own merits, and the claim failed on both grounds.

Parties
Claimant: MR ALAN PEARCE; Defendant: WEST BERKSHIRE COUNCIL; Interested Party: ALLIANCE LEISURE SERVICES LIMITED
Jurisdiction
England and Wales
Judgment Date
03 February 2023
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Planning Permission, Material Considerations, Policy Interpretation, Costs Cap Variation
Planning Law Administrative Law Planning Permission Material Considerations Policy Interpretation Costs Cap Variation

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Parties

MR ALAN PEARCE

Claimant

WEST BERKSHIRE COUNCIL

Defendant

ALLIANCE LEISURE SERVICES LIMITED

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the planning committee was materially misled regarding the link between the application and the football stadium
  2. 2 Whether relevant planning policy (CS18 and NPPF paragraph 99) was misinterpreted

Ratio Decidendi

The officer’s reports and advice were not seriously or significantly misleading in a material way; the planning committee properly considered the application on its own merits, and the claim failed on both grounds.

Court Disposition

Claim dismissed

Orders

  • Permission to rely on additional witness statement refused
  • Costs cap varied to £11,000