R (on the application of Smech Properties Ltd) v Runnymede Brough 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 a mixed use development. The Planning Court, in dismissing the application, held that there had been a material misdirection within the officer's report as to the five-year housing plan, as applying what had been seen as the realistic housing figure did not produce a five-year supply conclusion proximate to that contained within the officer's report. However, the discretion to refuse to quash the planning permission would be exercised, as the authority would have reached the same decision absent the error.

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