Procedure error leads to quashing

This case related to a planning application to build a new dwelling on half of a plot of land already containing a dwelling. The council agreed to the decision being quashed by the court on the basis that it was contrary to its constitution and scheme of delegation for planning decisions.

The council’s constitution and scheme of delegation for planning decisions set out that where a parish council objects to a planning application, the application has to go to the planning committee rather than be determined by officers. The planning application in this case had been objected to by the local parish council but was still determined by officers without going to the planning committee. The council agreed that the decision was unlawful and the decision was quashed by consent.