Gerber v Wiltshire Council

Town and country planning – Permission for development. The claimant sought judicial review of the defendant local planning authority's grant of planning permission for the installation of photovoltaic arrays mounted on frames covering 22.1ha of land neighbouring his Grade II listed building. The Administrative Court, in allowing the application, held that the authority had failed to: (i) consult English Heritage; (ii) discharge the duty to have special regard to the desirability of preserving listed buildings; (iii) consult the claimant in breach of his legitimate expectation arising from its statement of community involvement; and (v) conclude an environmental impact assessment was required. Accordingly, the planning permission would be quashed.

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