- Planning permission for development adjacent to SEN school quashed (G v Thanet District Council)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Local Government analysis: This was a judicial review brought to protect the interests of pupils at a Special Educational Needs (SEN) school in Kent on grounds including apparent bias, unlawful delegation and inadequate assessment. The development site is owned by the Council, and the Council (through a Joint Venture) has a contract with a developer to require the making of a planning application. Mr Tim Corner QC (sitting as a Deputy Judge of the High Court) allowed the claim on all six grounds and quashed the planning permission. The grounds concerned: (1) Ultra vires the Council’s scheme of delegation; (2) Breach of the Habitats Regulations; (3) Failure to assess noise impacts on the school and its pupils;(4) Failure to assess highway safety concerns in relation to the school pupils; (5) Failure to undertake air quality assessment or grapple with the matter; (6) The decision gave rise to an appearance of bias. Written by Jonathan Welch (junior counsel for the claimant), barrister at Francis Taylor Building.
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