William Corbett v Cornwall Council

William Corbett v Cornwall Council

The words 'immediately adjoining' in Policy 3 of the Cornwall Local Plan are not limited to physical contiguity but allow for a degree of planning judgment, including consideration of both physical and functional relationships between the proposed development and the settlement. The council's interpretation and application of the policy were lawful, and considering the functional relationship was not an immaterial consideration.

Parties
Appellant: William Corbett; Respondent: Cornwall Council; Interested Party: Dympna Wilson
Jurisdiction
England and Wales
Judgment Date
27 July 2022
Procedural Posture
Judicial Review (planning Permission) / Appeal From High Court to Court of Appeal
Outcome
appeal dismissed
Legal Topics
Interpretation of Development Plan Policy, Judicial Review of Planning Decisions, Application of Local Plan Policies, Material Considerations in Planning, Statutory Interpretation
Planning Law Administrative Law Interpretation of Development Plan Policy Judicial Review of Planning Decisions Application of Local Plan Policies Material Considerations in Planning Statutory Interpretation

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Parties

William Corbett

Appellant

Cornwall Council

Respondent

Dympna Wilson

Interested Party

Procedural Posture

Judicial Review (planning Permission) / Appeal From High Court to Court of Appeal

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 (immaterial) consideration, namely the functional relationship between the proposed development and the settlement

Ratio Decidendi

The words 'immediately adjoining' in Policy 3 of the Cornwall Local Plan are not limited to physical contiguity but allow for a degree of planning judgment, including consideration of both physical and functional relationships between the proposed development and the settlement. The council's interpretation and application of the policy were lawful, and considering the functional relationship was not an immaterial consideration.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; order of the High Court upheld.