Morland, R (on the application of) v Persimmon Homes (Wessex) Ltd

The application for approval of reserved matters was outside the scope of the outline planning permission because the master plan, though illustrative, indicated the district centre was for district centre uses with only ancillary residential development, not a substantial amount of non-ancillary residential development as proposed.

Parties: Claimant: Morland; Defendant: West Wiltshire District Council; Interested Party: Persimmon Homes (Wessex) Ltd
Jurisdiction: England and Wales
Judgment Date: 12 May 2006
Procedural Posture: Judicial Review / Judgment
Outcome: Application for judicial review allowed; decision quashed
Legal Topics: Interpretation of Planning Permissions, Scope of Outline Planning Permission, Reserved Matters Approval

Planning Law Administrative Law Interpretation of Planning Permissions Scope of Outline Planning Permission Reserved Matters Approval

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Parties

Morland

Claimant

West Wiltshire District Council

Defendant

Persimmon Homes (Wessex) Ltd

Interested Party

Procedural Posture

Judicial Review / Judgment

Legal Issues

1 Whether the application for approval of reserved matters fell within the scope of the outline planning permission
2 Whether the master plan incorporated in the outline permission was illustrative or definitive as to land uses

Ratio Decidendi

Court Disposition

Application for judicial review allowed; decision quashed

Orders

Claimant's costs to be paid by the defendant up to the time of concession, summarily assessed at £800
Claimant's costs thereafter to be paid by the interested party, summarily assessed at £900