In the recent case of Greenfields (IOW) Ltd v. Isle of Wight Council & Westridge Village Ltd, the Court of Appeal addressed significant procedural issues concerning the grant of planning permission. The case revolved around the Isle of Wight Council's failure to publish the draft or completed section 106 agreement on its planning register before issuing permission for a large housing development. This omission, contrary to Article 40(3) of the Town and Country Planning (Development Management Procedure) (England) Order 2015, led to a legal challenge by the claimant, who argued that the lack of publication prevented public comment and caused prejudice.
Case Overview
The Isle of Wight Council's grant of planning permission for 473 homes was legally challenged due to non-compliance with Article 40(3) of the Town and Country Planning (Development Management Procedure) (England) Order 2015. The Council failed to publish the draft or completed section 106 agreement on its planning register before issuing the permission, which the claimant argued prevented public comment and caused prejudice.
Court Findings
The Court ruled that the Council's failure to publish the section 106 agreement, in this case, invalidated the planning permission. It determined that merely publishing indicative heads of terms in an officer’s report did not amount to substantial compliance. The Court found that the claimant's reliance on the online planning register was reasonable, and that the omission caused clear prejudice even where the claimant had not requested a copy of the draft agreement from the Council.
Key Legal Reasoning
The Court emphasised the importance of Article 40(3) in allowing public scrutiny and comment on planning obligations. It applied established case law to conclude that the breach, in this case, rendered the decision invalid due to insufficient compliance by the Council and significant prejudice to the claimant, who was clearly interested in the outcome of the planning decision and the mitigation secured by the section 106 agreement.
Practical Implications
Local Authorities should strictly comply with Article 40(3) by publishing both draft and final section 106 agreements before granting planning permission. Relying solely on heads of terms in officer reports or publishing final agreements post-decision is no longer considered safe. Non-compliance may lead to planning decisions being quashed.
How Tozers Can Help
At Tozers, we understand the complexities of planning law. Our experienced team can help ensure compliance with all relevant legal requirements, including pre-grant publicity requirements. We can assist local authorities, landowners, developers, and other stakeholders in navigating the planning process effectively, minimising the risk of legal challenges and ensuring successful outcomes.
