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The High Court quashed a decision by a planning authority to grant permission for the construction of an office building beside a residential development, following a judicial review brought by a residents’ management company. The court found that the planning authority failed to provide adequate reasons when departing from its inspector’s recommendation to refuse permission, specifically regarding concerns over the methodology used to assess daylight and sunlight impacts on neighbouring homes. As the decision lacked clear explanation for accepting the developer’s reports over objections by the inspector and residents, the court held the decision invalid and ordered it to be set aside.
planning permission – judicial review – daylight and sunlight assessment – reasons for decision – residential amenity – departing from inspector’s recommendation – site layout planning – Building Research Establishment (BRE) Guidelines – Planning and Development Act 2000 – quashing order – requirements for reasoning – proper planning and sustainable development – EIA screening – statutory guidelines – public submissions – certiorari
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