Corbett v Cornwall Council [2022] EWCA Civ 1069 (27 July 2022)

Corbett v Cornwall Council [2022] EWCA Civ 1069 (27 July 2022)

The Council lawfully interpreted and applied Policy 3 of the Cornwall Local Plan; 'immediately adjoining' is a flexible concept requiring planning judgment, not limited to physical contiguity. Consideration of the functional relationship between the proposed development and the settlement was not an immaterial consideration. The officer's advice and the committee's decision were legally unimpeachable.

Citation
[2022] EWCA Civ 1069
Parties
Appellant: William Corbett; Respondent: Cornwall Council; Interested Party: Dympna Wilson
Jurisdiction
England and Wales
Judgment Date
27 July 2022
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division)
Outcome
Appeal dismissed
Legal Topics
Interpretation of Development Plan Policy, Meaning of 'immediately Adjoining' in Planning Context, Material Considerations in Planning Decisions
Planning Law Administrative Law Interpretation of Development Plan Policy Meaning of 'immediately Adjoining' in Planning Context Material Considerations in Planning Decisions

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Parties

William Corbett

Appellant

Cornwall Council

Respondent

Dympna Wilson

Interested Party

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether Cornwall Council misinterpreted and misapplied Policy 3 of the Cornwall Local Plan regarding 'immediately adjoining' settlements
  2. 2 Whether the Council took into account an irrelevant consideration (functional relationship) in granting planning permission

Ratio Decidendi

The Council lawfully interpreted and applied Policy 3 of the Cornwall Local Plan; 'immediately adjoining' is a flexible concept requiring planning judgment, not limited to physical contiguity. Consideration of the functional relationship between the proposed development and the settlement was not an immaterial consideration. The officer's advice and the committee's decision were legally unimpeachable.

Court Disposition

Appeal dismissed