R (Cherkley Campaign Ltd) v Mole Valley District Council

Subject Matter

COSTS — Assessment — Assessment of costs following successful judicial review of refusal of planning permission — Claimant unsuccessful on some issues — Whether claimant to suffer discount from normal order for its costs

[2013] EWHC 3558 (Admin); [2013] CN 1735, QBD

JUDICIAL REVIEW — Claimant's interest — Limited company — Opponents of development forming limited company to challenge grant of planning permission — Whether company having sufficient interest to claim judicial review

[2013] EWHC 2582 (Admin); [2014] PTSR D1; [2014] 1 P & CR 12; [2014] ACD 42; [2013] WLR (D) 340; (2013) 157(34) SJLB 40, QBD

PLANNING — Development — Local plan — Policies of local authority’s local plan saved beyond transitional period by direction of Secretary of State — Text supporting saved policy stating requirement to demonstrate “need” for new golf course — Local authority granting permission to develop new course — Whether supporting text saved with policy — Whether requirement of need in supporting text to be read into policy — Meaning of “need” — Whether local authority applying correct test — Town and Country Planning Act 1990, s 36 — Planning and Compulsory Purchase Act 2004, Sch 8, para 1(3) — Town and Country Planning (Development Plan) Regulations 1999, reg 7

[2014] EWCA Civ 567; [2014] PTSR D14; [2014] WLR (D) 199, CA