Flemming & Ors, R (on the application of) v Wiltshire Council & Anor

The officer reports, though infelicitously expressed, did not significantly mislead the committee. All material considerations, including Development Plan conflict and NPPF paragraph 55, were considered. The absence of express findings did not invalidate the decision. The application for judicial review is dismissed.

Parties: Claimant: MR JA Flemming, Prof R Moody, Mrs J Todd and Mr R Todd (representatives of 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, Removal of Planning Conditions, Development Plan Conflict, Judicial Review Standards, Officer Reports, Precedent in Planning Decisions

Planning Law Administrative Law Section 73 TCPA Removal of Planning Conditions Development Plan Conflict Judicial Review Standards Officer Reports Precedent in Planning Decisions

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Parties

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

Claimant

Wiltshire Council

Defendant

Oaksey Park Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

1 Did the planning authority misunderstand the scope of section 73 of the Town and Country Planning Act 1990?
2 Was the principle of residential development properly considered under the Development Plan and material considerations?
3 Were officer reports misleading to the committee regarding material matters?

Ratio Decidendi

Court Disposition

application dismissed