Boundary Wall decision Quashed by Consent

We were instructed by residents to provide advice regarding a change of conditions to a planning permission of 178 dwellings which would have severely impacted parts of a 150-year-old wall that marks the boundary of the Conservation area. The decision has now been quashed by the High Court.

In June 2022 full planning permission was granted for a “phased residential development of 178 dwellings with access, car/cycle parking, landscaping and associated works.” A condition required approval of the “details of the position, height, design and material of boundary treatments to be erected” in line with plans submitted as part of the application.

In May 2024, the council approved a materially different, new boundary plan, demolishing most parts of the existing wall and replacing it with a high close-boarded fence.

The claimant argued that

1. the Council should have required a new planning permission as the original application did not identify all of the land necessary to carry out the proposed development,
2. it was not permissible to vary the conditions of a full consent by way of an application to discharge a planning condition,
3. the council failed to have regard of residential amenity, and
4. the Council failed to consider the character and setting of the Conservation area.

During the pre-action correspondence the council accepted that it failed to have regard to these considerations and agreed to sign a consent order with the claimant and the developer, and pay the claimant’s costs. Proceedings were stayed to enable a fresh application, with provisions reflecting the original scheme with which the claimant was happy, to be processed with the defendant council and approved. The Court then quashed the condition consent. The High Court subsequently quashed the planning decision and directed the council to pay the claimant’s costs.

Noémi Byrd of 6 Pump Court was instructed as counsel in the proceedings.