Tudur Davies, R (on the application of) v Vale of Glamorgan Council

8 December 2023

[2023] EWHC 3161 (Admin)

High Court

A neighbor challenged planning permission for new houses on an old school. He claimed the council made a mistake about a fence and didn't get the proper drainage approvals. The court said the neighbor didn't prove his claims, so the planning permission stands.

Key Facts

•Vale of Glamorgan Council granted planning permission for 34 dwellings on the site of a former school.
•Dr Tudur Davies, a nearby resident, challenged the decision via judicial review.
•Two grounds of challenge: (1) the planning permission was granted on a false basis regarding a fence and bat species licence; (2) drainage approval under the Flood and Water Management Act 2010 was required.
•The initial planning application was submitted before the Act's relevant provisions came into force, but the approved development involved amendments made after the relevant date.
•Natural Resources Wales (NRW), a statutory consultee, withdrew its objection after receiving assurances about lighting and bat habitat mitigation, without explicit reference to the fence.

Legal Principles

Judicial review is available to challenge decisions made by public bodies, but only if there is a viable ground of challenge and the applicant has standing.

Implied from the judicial review application itself.

Amendments to a planning application must not fundamentally change the nature of the development if they are to be treated as valid amendments to the original application, or there is a need for re-application.

R, on the application of Holborn Studios Limited v The Council of the London Borough of Hackney [2017] EWHC 2823 (Admin)

The Flood and Water Management Act 2010 requires drainage approval for construction work with drainage implications, unless the work falls under transitional provisions (work for which planning permission or a valid application was received before 7 January 2019).

Schedule 3, paragraph 7, to the Flood and Water Management Act 2010

Outcomes

Permission for judicial review was refused on both grounds.

Ground 1 (fence) failed because NRW's withdrawal of objection was based on the amended plans which didn't show the fence, and there was no evidence of misunderstanding. Ground 2 (drainage approval) failed because there was no decision by the council on drainage approval to challenge. The court declined to provide an advisory declaration on the drainage issue due to lack of sufficient evidence on materiality of changes and the distinct nature of council functions under the planning and drainage schemes.

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