Truro City Council v Cornwall Council

摘要

The claimant city council (T) applied for judicial review of a decision of the defendant local authority to grant planning permission for a major development outside the urban area of Truro. The local authority had granted planning permission for the demolition of two houses, the construction of a waste and recycling facility, other buildings and a residential development of 97 dwellings including new vehicular accesses, parking, and landscaping on a greenfield site outside the urban area of Truro. T had opposed permission claiming that the application was premature, development would result in the loss of high quality agricultural land, would cause material harm to Truro, and was in conflict with the local development plan. T challenged the grant of permission on the grounds that the local authority had: (1) failed to comply with its duty under the Planning and Compulsory Purchase Act 2004 s.38(6); (2) failed to give adequate reasons for the grant of permission in accordance with the Town and Country Planning (Development Management Procedure) (England) Order 2010 (SI 2010/1238) art.31; (3) failed to refuse permission on the grounds of prematurity; (4) failed to have regard to recent progress made in the local and neighbourhood plans and on an alternative site; (5) misdirected itself as to the availability of a sequentially superior site and on the possibility of disaggregation; and (6) misdirected itself as to the meaning of its affordable housing policy.