Terry, R (On the Application Of) v Tonbridge & Malling Borough Council

Terry, R (On the Application Of) v Tonbridge & Malling Borough Council

No arguable material legal error was identified in the officer's assessment of Policy CP14 or in her planning judgment regarding privacy and amenity; factual errors were non-material and the officer's discretion was not irrational.

Parties
Applicant: William Terry; Respondent: Tonbridge & Malling Borough Council
Jurisdiction
England and Wales
Judgment Date
26 February 2019
Procedural Posture
Judicial Review / Renewed Application for Permission
Outcome
renewed application for permission refused
Legal Topics
Planning Permission, Development Plan, Countryside Protection Policy, Planning Judgment, Privacy and Amenity
Planning Law Administrative Law Planning Permission Development Plan Countryside Protection Policy Planning Judgment Privacy and Amenity

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Parties

William Terry

Applicant

Tonbridge & Malling Borough Council

Respondent

Procedural Posture

Judicial Review / Renewed Application for Permission

Legal Issues

  1. 1 Whether the planning officer failed to assess the scheme against Policy CP14
  2. 2 Whether factual errors in the officer's report constituted a material legal error
  3. 3 Whether the officer's planning judgment regarding privacy and amenity was irrational

Ratio Decidendi

No arguable material legal error was identified in the officer's assessment of Policy CP14 or in her planning judgment regarding privacy and amenity; factual errors were non-material and the officer's discretion was not irrational.

Court Disposition

renewed application for permission refused

Orders

  • Permission to proceed with judicial review is refused