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England and Wales decisions
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The High Court quashed North Devon District Council’s grant of planning permission, finding inadequate reasons and apparent bias in the committee’s decision-making.
Perrin, R (On the Application Of) v North Devon District Council [2026] EWHC 535 (Admin) (19 March 2026)
The High Court quashed North Devon District Council’s planning permission decision, finding inadequate reasons, irrationality, and apparent bias in the committee process.
The High Court dismissed a planning judicial review about a section 73 application, holding the Inspector lawfully relied on a signed deed varying a section 106 agreement.
The defendant acted lawfully in relying on independent viability appraisals, was not obliged to publish certain reports as background papers, properly weighed heritage harm, considered alternatives where required, lawfully exercised delegated authority, and correctly treated the applications as separate projects for environmental impact assessment. No arguable error of law was established on any ground.
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Jaafar & Anor, R (On the Application Of) v East Hertfordshire District Council [2025] EWHC 2474 (Admin) (18 September 2025)
The High Court refused renewed permission for judicial review challenging East Hertfordshire’s grant of outline permission for Gilston developments on viability, heritage, procedure and EIA grounds.
The court refused permission to appeal, discharged an interim injunction over a s.106 affordable housing obligation, and abridged the appeal deadline.
Compulsory purchase compensation reference on the no-scheme principle and appropriate alternative development. The Tribunal awarded £1.51 million using a before-and-after valuation.
The mortgagee exclusion clause in the s.106 agreement applies to a mortgagee to whom a Registered Social Provider granted a mortgage at the time of the grant, and to any person deriving title through such a mortgagee, regardless of whether the provider was deregistered before the disposal. The relevant time for determining Registered Social Provider status is the date of the grant of the mortgage, not the date of the subsequent disposal. This construction best accords with the purpose of the clause, which is to facilitate commercial lending for affordable housing units by ensuring mortgagees…
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Westminster City Council v Gems House Residences Chiltern Street Ltd & Anor [2025] EWHC 1789 (Ch) (22 July 2025)
The High Court construed a section 106 mortgagee exclusion clause in favour of the defendants, on the basis that the mortgagor's registered status was fixed at mortgage grant.
The High Court quashed a planning appeal decision after finding the Inspector gave no adequate reasons for ignoring an executed unilateral undertaking offering affordable housing.
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