R.(on the application of William Corbett) v Cornwall Council and Stephen Tavener

摘要

1.The basic question in this appeal is whether a local planning authority erred in law in granting planning permission for a development it found to be in conflict with development plan policies for the protection of Areas of Great Landscape Value but compliant with other relevant policies, including a policy encouraging development for tourism, and thus in accordance with the plan as a whole. 2.With permission granted by Hickinbottom LJ on 5 November 2019, the appellant, the Cornwall Council, appeals against the order dated 1 May 2019 of Mr C.M.G. Ockelton, Vice President of the Upper Tribunal (Immigration and Asylum Chamber), sitting as a deputy judge of the High Court, by which he quashed the council's grant of planning permission for development proposed by the interested party, Mr Steven Tavener, on land to the east of the Sun Haven Valley Caravan Park at Mawgan Porth in Newquay. The respondent, Mr William Corbett, is a parish councillor on the St Mawgan in Pydar Parish Council and leader of its Planning Group. The parish council was an objector to the proposed development. 3.The application for planning permission was made on 11 October 2017. The proposal was described in the application as "Use of land for the stationing of 15 static holiday caravans and 15 holiday lodges, provision of access and car parking". The development would extend the existing caravan site-a site of about 2.7ha, with 100 pitches for caravans and tents and 39 static caravans-on to an adjacent field of 1.6ha. The site is in the countryside, not in the Cornwall and Tamar Valley Area of Outstanding Natural Beauty, but in the Watergate and Lanherne Area of Great Landscape Value. The council's decision to approve the proposal was taken at a meeting of its Central Sub-Area Planning Committee on 19 February 2018. Planning permission was granted on 1 March 2018. It was challenged by Mr Corbett in a claim for judicial review issued on 11 April 2018.