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England and Wales Case Law

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Administrative law

Paul Knights, R (on the application of) v South Norfolk District Council

The planning officer failed to take into account material considerations contained in the ROLC Rebuttal Report, which addressed factual premises central to the officer's judgment on residential amenity. This omission constituted an error of law, warranting quashing of the planning permission.

Source excerpt

  • Material considerations
  • Delegated decision-making
  • Judicial review standards
  • Residential amenity
  • Daylight and overshadowing
  • Officer reports
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Administrative law

Colin Malcolm v Hart District Council

Judicial review of a planning permission for a dog grooming studio failed. The court held the officer’s report fairly addressed noise, amenity, highways and benefits.

  • Planning permission
  • Noise nuisance
  • Residential amenity
  • Delegated decision-making
  • Statutory interpretation
  • Planning-law
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Planning law [2022] EWHC 2905 (Admin)

Hardcastle, R (On the Application Of) v BDW Trading Ltd (t/a David Wilson Homes South Midlands)

Hardcastle, R (On the Application Of) v BDW Trading Ltd (t/a David Wilson Homes South Midlands) [2022] EWHC 2905 (Admin) (16 November 2022)

Judicial review of outline planning permission for a Maids Moreton housing scheme failed. The High Court held no fresh material consideration required referral back to committee.

  • Judicial review of planning permission
  • Material considerations in planning decisions
  • Delegated decision-making
  • Environmental impact assessment
  • Development plans and statutory interpretation
  • Planning-law
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Administrative law [2019] EWHC 628 (Admin)

Broad, R (On the Application Of) v Sanctuary Group

Broad, R (On the Application Of) v Sanctuary Group [2019] EWHC 628 (Admin) (21 March 2019)

The High Court dismissed a judicial review of planning permission for six flats, holding that the council’s failure to reconsult on amended plans was not unlawful.

  • Judicial review of planning permission
  • Procedural fairness in consultation
  • Material prejudice
  • Delegated decision-making
  • Planning-law
  • Judicial-review
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Planning law [2018] EWHC 3526 (Admin)

Cemex (UK) Operations Ltd v Richmondshire District & Anor

Cemex (UK) Operations Ltd v Richmondshire District & Anor [2018] EWHC 3526 (Admin) (19 December 2018)

Judicial review of planning permission for a barn conversion succeeded because the council failed to properly consider noise policy on closed-window mitigation and future impacts on quarry operations.

  • Noise mitigation
  • Material considerations
  • Retrospective planning permission
  • Statutory development plan
  • National planning policy framework
  • Planning practice guidance
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Administrative law [2018] EWHC 1872 (Admin)

Newey, R (On the Application Of) v South Hams District Council

Newey, R (On the Application Of) v South Hams District Council [2018] EWHC 1872 (Admin) (27 July 2018)

The High Court allowed a judicial review of planning decisions approving a construction method statement and varying a condition, due to missing reasons and a failure to consider ground conditions.

  • Judicial review of planning decisions
  • Delegated decision-making
  • Duty to give reasons
  • Planning conditions
  • Construction method statement
  • Ground conditions and land stability
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Administrative law

Newey, R (On the Application Of) v South Hams District Council

The High Court quashed planning-related decisions after finding South Hams District Council failed to record reasons for a delegated approval and overlooked ground conditions.

  • Delegated decision-making
  • Duty to give reasons
  • Planning conditions
  • Judicial review
  • Material considerations
  • Statutory interpretation
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Administrative law

Shasha & Ors (As Trustees of the Placement Pension Fund) v Westminster City Council

Judicial review of planning permission granted for development at Portman Mansions succeeded because the council misapplied policy, failed to reach necessary planning conclusions, and gave inadequate reasons.

  • Judicial review of planning permission
  • Interpretation and application of development plan policy
  • Delegated decision-making
  • Obligation to give reasons
  • Admissibility of evidence
  • Planning-law
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Administrative law [2011] EWHC 591 (Admin)

Hinds, R (on the application of) v Blackpool Council

Hinds, R (on the application of) v Blackpool Council [2011] EWHC 591 (Admin) (17 March 2011)

The court held that the Government's stated intention to revoke regional spatial strategies was not a material consideration, or was at most de minimis, when Blackpool granted planning permission.

  • Material considerations in planning decisions
  • Revocation of regional spatial strategies
  • Section 70(2) town and country planning act 1990
  • Judicial review procedure
  • Weight of policy intentions in planning
  • Delegated decision-making
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About this LexChat collection

England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.