Source: All England Reporter
Publisher Citation: [2009] All ER (D) 223 (Jan)
Neutral Citation: [2009] EWCA Civ 29
Court: Court of Appeal, Civil Division

Pill, Rix and Arden LJJ

Representation Michael Fordham QC and Emma Dixon (instructed by Richard Buxton, Cambridge) for the claimants.
  Timothy Straker QC and Caroline Bolton (instructed by Berwin Leighton Paisner LLP) for the defendant.
  William Hicks QC and Reuben Taylor (instructed by Wragge & Co) for Rosemound Developments Ltd, appearing as an interested party.
Judgment Dates: 28 January 2009


Town and country planning - Permission for development - Material consideration - Development likely to interfere with biodiversity of invertebrates living on land - Interested party seeking planning permission for development - Claimant lodging objection - Statutory consultee agreeing to development with implementation of mitigating measures - Defendant's planning officers recommending grant of permission - Corporation's planning committee granting conditional permission - Whether committee failing to take into account national planning policy - Whether committee failing to comply with statutory duties - s 106 - National Environment and Rural Communities Act 2006, s 40.

The Case

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.