Wildfish, R (on the application of) v Buckinghamshire Council & Ors

Wildfish, R (on the application of) v Buckinghamshire Council & Ors

The reserved matters approval was lawfully made under the outline planning permission because condition 13 (foul water drainage scheme) was not a reserved matter and was not subject to the time limit for reserved matters. The amendment to the application description did not alter the substance of the application or transfer it to the section 73 permission. The approval did not breach the requirements of the planning permissions, and the judicial review was properly dismissed.

Parties
Appellant: WildFish; First Respondent: Buckinghamshire Council; Second Respondent: David Wilson Homes (South Midlands) Ltd; Third Respondent: Anglian Water Services Limited
Jurisdiction
England and Wales
Judgment Date
13 March 2026
Procedural Posture
Judicial Review Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Outline Planning Permission, Reserved Matters, Section 73 Applications, Interpretation of Planning Permissions
Administrative Law Planning Law Judicial Review Outline Planning Permission Reserved Matters Section 73 Applications Interpretation of Planning Permissions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

WildFish

Appellant

Buckinghamshire Council

First Respondent

David Wilson Homes (South Midlands) Ltd

Second Respondent

Anglian Water Services Limited

Third Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the approval of reserved matters was unlawful due to alleged failure to comply with condition 13 of the outline planning permission.
  2. 2 Whether the reserved matters application could be amended or determined by reference to a subsequent section 73 permission after the time for reserved matters had expired.
  3. 3 Whether the reserved matters approval was made under the correct parent permission.

Ratio Decidendi

The reserved matters approval was lawfully made under the outline planning permission because condition 13 (foul water drainage scheme) was not a reserved matter and was not subject to the time limit for reserved matters. The amendment to the application description did not alter the substance of the application or transfer it to the section 73 permission. The approval did not breach the requirements of the planning permissions, and the judicial review was properly dismissed.

Court Disposition

Appeal dismissed