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Permission for single dwelling quashed due to unexplained inconsistency in how LPA assessed benefits (Irving v Mid Sussex DC)

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Published on: 13 December 2019

Published by a LexisNexis Planning expert

Table of contents

What are the practical implications of this case?
What is the legal and policy background to the case?
What is the factual background to the case?
What did the court find?
Failure to take into account relevant development plan policies
Inconsistent approach to public benefit arising from single dwelling
Case details

Article summary

Planning analysis: In Irving v Mid Sussex DC, the Planning Court quashed the grant of planning permission for a single dwelling in the countryside. It found that the planning committee of Mid Sussex District Council (the Council) had been seriously misled as to the compliance of the development with development plan policies. It also found that the Council had acted unlawfully in assessing the extent of the public benefit arising from the construction of the single dwelling inconsistently with its assessment in other comparable planning applications to construct a single dwelling house, without any adequate explanation or justification.

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