Gerber, R (on the application of) v Wiltshire Council

Gerber, R (on the application of) v Wiltshire Council

The council committed legal errors by failing to consult English Heritage, not properly discharging the s66 duty, breaching legitimate expectation to notify the claimant, and issuing an unlawful screening opinion. Delay in bringing proceedings was justified due to lack of notification and prompt action upon discovery. The planning permission is quashed due to the seriousness of these errors, outweighing financial prejudice and administrative certainty.

Parties
Claimant: Daniel Gerber; Defendant: Wiltshire Council; 1st Interested Party: Steve Rademaker; 2nd Interested Party: Norrington Solar Farm Limited; 3rd Interested Party: Terraform Power, Inc
Jurisdiction
England and Wales
Judgment Date
05 March 2015
Procedural Posture
Judicial Review / Final Judgment
Outcome
Planning permission quashed
Legal Topics
Consultation Requirements, Legitimate Expectation, Environmental Impact Assessment, Listed Buildings, Delay and Discretion, Screening Opinion, Community Involvement, Discretionary Relief
Planning Law Administrative Law Heritage Law Environmental Law Consultation Requirements Legitimate Expectation Environmental Impact Assessment Listed Buildings +4 more

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Parties

Daniel Gerber

Claimant

Wiltshire Council

Defendant

Steve Rademaker

1st Interested Party

Norrington Solar Farm Limited

2nd Interested Party

Terraform Power, Inc

3rd Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Failure to consult English Heritage under Planning (Listed Buildings and Conservation Areas) Regulations 1990
  2. 2 Failure to discharge s66 duty under Planning (Listed Buildings and Conservation Areas) Act 1990
  3. 3 Breach of legitimate expectation under Statement of Community Involvement

Ratio Decidendi

The council committed legal errors by failing to consult English Heritage, not properly discharging the s66 duty, breaching legitimate expectation to notify the claimant, and issuing an unlawful screening opinion. Delay in bringing proceedings was justified due to lack of notification and prompt action upon discovery. The planning permission is quashed due to the seriousness of these errors, outweighing financial prejudice and administrative certainty.

Court Disposition

Planning permission quashed

Orders

  • The planning permission granted by Wiltshire Council is quashed.
  • Time for bringing proceedings is extended due to reasonable explanation for delay.