Flemming & Ors, R (on the application of) v Wiltshire Council & Anor [2015] EWHC 1260 (Admin) (05 May 2015)

The officer reports, though imperfectly expressed, did not significantly mislead the committee about material matters. The effects of permanent residential development were considered, and all material considerations were before the committee. The legal test for misleading was not met; therefore, the application for judicial review is dismissed.

Citation: [2015] EWHC 1260 (Admin)
Parties: Claimant: MR JA Flemming, Prof R Moody, Mrs J Todd and Mr R Todd (Oaksey Conservation Group); Defendant: Wiltshire Council; Interested Party: Oaksey Park Limited
Jurisdiction: England and Wales
Judgment Date: 05 May 2015
Procedural Posture: Judicial Review / Final Judgment
Outcome: Application dismissed
Legal Topics: Section 73 TCPA Applications, Officer Reports, Development Plan, National Planning Policy Framework, Permanent Residential Development, Holiday Lets, Material Considerations

Planning Law Administrative Law Section 73 TCPA Applications Officer Reports Development Plan National Planning Policy Framework Permanent Residential Development Holiday Lets +1 more

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Parties

MR JA Flemming, Prof R Moody, Mrs J Todd and Mr R Todd (Oaksey Conservation Group)

Claimant

Wiltshire Council

Defendant

Oaksey Park Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Did Wiltshire Council misunderstand the scope of relevant planning issues under section 73 TCPA?
2 Should the application have been considered under section 73A TCPA?

Ratio Decidendi

Court Disposition

Application dismissed