Austin, R (on the application of) v Haulfryn Group Ltd & Anor [2017] EWHC 38 (Admin) (20 January 2017)

Austin, R (on the application of) v Haulfryn Group Ltd & Anor [2017] EWHC 38 (Admin) (20 January 2017)

The Officer's Report did not mislead the committee, correctly applied Core Policy 39 as an extension to an existing facility, and properly considered the statutory and policy requirements for listed buildings; the committee's decision was lawful and not open to judicial review.

Source-derived case information.

Citation
[2017] EWHC 38 (Admin)
Parties
Claimant: Roger Austin for and on behalf of the Brokerswood Residents Group; Defendant: Wiltshire Council; Interested Party: Haulfryn Group Limited; Interested Party: Tregura Limited
Jurisdiction
England and Wales
Judgment Date
20 January 2017
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Planning Permission, Tourist Development, Listed Buildings, Judicial Review, Local Authority Decision Making
Planning Law Administrative Law Planning Permission Tourist Development Listed Buildings Judicial Review Local Authority Decision Making

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Summary, issues, holding and outcome

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Parties

Roger Austin for and on behalf of the Brokerswood Residents Group

Claimant

Wiltshire Council

Defendant

Haulfryn Group Limited

Interested Party

Tregura Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the planning committee was misled about the extent of the site benefiting from existing planning permission
  2. 2 Whether Core Policy 39 of the Wiltshire Core Strategy was misinterpreted and misapplied
  3. 3 Whether the statutory test under section 66 of the Planning (Listed Buildings and Conservation Areas) Act 1990 and paragraph 134 of the National Planning Policy Framework was properly considered

Ratio Decidendi

The Officer's Report did not mislead the committee, correctly applied Core Policy 39 as an extension to an existing facility, and properly considered the statutory and policy requirements for listed buildings; the committee's decision was lawful and not open to judicial review.

Court Disposition

Claim dismissed