Christine Pratt & Anor, R (on the application of) v Exeter City Council
[2024] EWHC 185 (Admin)
Hayle Town Council, R (on the application of) v The Cornwall Council
24 February 2023
[2023] EWHC 389 (Admin)
High Court
A town council sued because the council cancelled a road improvement project *after* approving a housing development. The judge said the road project wasn't important enough to change the decision about the houses, because there was already enough road space.
Key Facts
- •Cornwall Council granted planning permission for 85 dwellings on land off Viaduct Hill, Hayle.
- •Hayle Town Council challenged the grant via judicial review, arguing Cornwall Council failed to consider a decision by the Council Leader to withdraw from a scheme upgrading the Loggans Moor roundabout.
- •The Leader's Decision involved terminating a £12.9 million funding agreement with Homes England for the roundabout upgrade, crucial for delivering 1,250 new homes in the Hayle Growth Area.
- •The planning application was approved by the West Sub-Area Planning Committee on February 7, 2022, before the Leader's Decision on March 8, 2022.
- •The Officer's Report (OR) considered the roundabout upgrade, but also assessed existing highway capacity.
Legal Principles
A new material consideration must be "so obviously material" that it's realistically capable of causing a different decision.
R (Patrick Hardcastle) v Buckinghamshire Council [2022] EWHC 2905 (Admin)
An authority's duty to consider material considerations doesn't require referral back to the committee for every new consideration arising after the initial resolution to grant permission. Flexibility exists to exclude considerations undiscovered or unanticipated before the decision notice.
R (Kides) v South Cambridgeshire DC [2002] EWCA Civ 1370
If a delegated officer becomes aware of a new material consideration before signing the decision notice, the authority must have regard to it; this might necessitate referring back to the committee.
R (Kides) v South Cambridgeshire DC [2002] EWCA Civ 1370
Guidance from Kides is not a way to avoid statutory requirements; common sense and case facts must be considered.
R (Dry) v West Oxfordshire DC [2010] EWCA Civ 1143
A material consideration is one that would tip the balance to some extent.
R (Kides) v South Cambridgeshire DC [2002] EWCA Civ 1370
Section 38(6) of the Planning and Compulsory Purchase Act 2004 requires determination of applications in accordance with the development plan unless material considerations indicate otherwise.
Planning and Compulsory Purchase Act 2004
Council officers are not automatically deemed to have knowledge of all other officers' actions. However, local authorities must provide robust evidence on delegation and decision-making if defending a judicial review on this basis.
R (Chilton Parish Council) v Babergh District Council [2019] EWHC 280 (Admin)
Outcomes
Judicial review application dismissed.
The Leader's Decision, while a new factor, was not "so obviously material" as to have realistically caused the Council to reach a different conclusion on the planning application. The OR, and the Committee's decision, showed sufficient existing highway capacity to accommodate the development, regardless of the roundabout upgrade. Even if the Leader's decision had been known, the committee would still likely have approved the application. Furthermore, the officer who granted planning permission (Louise Wood) was aware of the Leader's Decision.
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