Source: All England Reporter
Publisher Citation: [2015] All ER (D) 55 (May)
Neutral Citation: [2015] EWHC 1260 (Admin)
Court: Queen's Bench Division, Administrative Court (Bristol)
Judge:

Mrs Justice Patterson DBE

Representation Nina Pindham (instructed by Thrings LLP, Swindon) for the claimant.
  Matthew Reed (instructed by Wiltshire County Council) for the authority.
Judgment Dates: 5 May 2015

Catchwords

Town and country planning - Permission for development - Removal of conditions - Claimants seeking judicial review of defendant local planning authority's grant of planning permission to remove conditions of planning permission - Whether defendant being required to consider whether proposed development conflicting with development plan - .

The Case

Town and country planning Permission for development. The claimants sought judicial review of the defendant local planning authority's grant to the interested party of planning permission to remove conditions of a planning permission, which limited the use of eight buildings to holiday lets. The Administrative Court, in dismissing the application, held that, whilst there was no express finding of conflict with the development plan in the officers' report, the officers' approach, which had been to examine the impacts of the development proposed, could not be said to have significantly misled the members. Further, the committee had been aware of all material considerations.

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