R (on the application of Westerleigh) v Aylesbury Vale District Council

Town and country planning – Permission for development. The claimant, a crematoria operator with a pending application for planning permission for a crematorium, sought judicial review of the defendant local planning authority's decision to grant the interested party permission for a crematorium and associated development. The Administrative Court, in allowing the application, held that the fact that the claimant's proposed site was an alternative, which had not required derogation from the duty to safeguard a protected species, had been a material consideration, which should have been brought to the authority's attention. It could not be found that the decision would have been the same even if the error had been corrected and the permission would be quashed.

Category: