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England and Wales decisions
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The High Court dismissed Wiltshire Council’s section 288 challenge to a planning inspector’s grant of permission for Old Sarum Airfield after a later fire damaged Hangar 3.
Wiltshire Council v Secretary of State for Housing, Communities and Local Government & Anor [2026] EWHC 463 (Admin) (03 March 2026)
Planning statutory review dismissed: a post-decision fire damaging Hangar 3 did not retrospectively vitiate the inspector’s lawful permission.
Davies, R (On the Application Of) v Royal Borough of Kensington and Chelsea [2024] EWHC 2711 (Admin) (31 October 2024)
The High Court dismissed a judicial review challenge to planning permission for a large basement, holding that construction noise and Policy CL7 were properly considered.
The Council's decisions were materially flawed due to significant procedural unfairness: Councillor Moitt was misled by erroneous advice and excluded from participation, and the Committee was not properly advised regarding NPPF paragraph 196 on deliberate neglect. These errors justified setting aside the planning permission and listed building consent.
Source excerpt
The Council lawfully considered alternatives to the proposed tower’s height as required by London Plan Policy D9, and any failure to reference the Site Allocations policy in the heritage section of the officer’s report would not have led to a substantially different outcome; thus, no arguable error of law was disclosed.
Source excerpt
Monahan, R (On the Application Of) v Lab Selkirk House Ltd [2024] EWHC 2368 (Admin) (10 September 2024)
The High Court refused renewed permission for judicial review of Camden’s planning and listed building consent decisions for the Selkirk House redevelopment.
Simmonds, R (On the Application Of) v Venture Properties Group & Ors [2023] EWHC 2217 (KB) (15 September 2023)
Judicial review of planning permission and listed building consent succeeded on two grounds: misleading officer advice on a councillor's participation and omission of NPPF paragraph 196.
A judicial review agreed order quashed planning permission and listed building consent, with permission granted and the claim allowed by consent.
Fairey, R (On the Application Of) v Filby [2023] EWHC 361 (Admin) (23 February 2023)
Consent judicial review about planning and listed building consents. The court granted permission, quashed the council’s decisions, and remitted them for reconsideration.
Kinnersley, R (On the Application Of) v Maidstone Borough Council [2023] EWCA Civ 172 (22 February 2023)
The Court of Appeal held that Policy DM5 required assessment of the whole application site, not just the brownfield part, and quashed the permission and listed building consent.
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