Residents Local To Elmbank, R (On the Application Of) v Woking Borough Council & Anor

Residents Local To Elmbank, R (On the Application Of) v Woking Borough Council & Anor

Policy CS13 protects specialist accommodation for both elderly persons and vulnerable groups; the Officer’s Report correctly interpreted the policy, and sufficient evidence supported the conclusion that the care home for the elderly was not viable.

Parties
Claimant: Residents Local to Elmbank; Defendant: Woking Borough Council; Interested Party: Henley Secure Income Property Managing Trust
Jurisdiction
England and Wales
Judgment Date
11 April 2019
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim dismissed
Legal Topics
Variation of Planning Conditions, Interpretation of Planning Policy, Viability of Specialist Accommodation
Planning Law Administrative Law Variation of Planning Conditions Interpretation of Planning Policy Viability of Specialist Accommodation

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Parties

Residents Local to Elmbank

Claimant

Woking Borough Council

Defendant

Henley Secure Income Property Managing Trust

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether Policy CS13 protects specialist accommodation for elderly persons specifically or for all vulnerable groups
  2. 2 Whether there was sufficient evidence to conclude the care home for the elderly was not viable

Ratio Decidendi

Policy CS13 protects specialist accommodation for both elderly persons and vulnerable groups; the Officer’s Report correctly interpreted the policy, and sufficient evidence supported the conclusion that the care home for the elderly was not viable.

Court Disposition

Claim dismissed