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The Greenfields case at first instance
The Greenfields case at first instance
On 23 August 2024, His Honour Judge Jarman KC gave judgment in R (Greenfields (IOW) Ltd. v. Isle of Wight Council [2024] EWHC 2107 (Admin). He refused permission to bring a judicial review claim insofar as it was based on failure to publish a section 106 agreement, contrary to article 40(3)(b) of the 2015 DMB Order. He reasoned that it was highly likely the outcome would not have been substantially different had the failure to publish not occurred; and that permission must therefore be refused.
- Heading
- Introduction
- The Facts
- Objections to the proposals
- The 8 December 2022 committee meeting
- Events after the meeting of 8 December 2022
- The Greenfields case at first instance
- The section 106 agreement
- The decision challenged
- Publication of the section 106 agreement
- Pre-action correspondence
- The present challenge
- The first supplementary planning obligation
- The order granting permission on the third and fourth grounds
- The second supplementary planning obligation
- The combined provisions of SPO (1) and SPO (2)
- The Greenfields case in the Court of Appeal
- The application to add a fifth ground of challenge
- The Issues, Reasoning and Conclusions
- Third ground: taking future ecological surveys into account without sight of the relevant condition; or that the ecology conditions which were imposed were ineffective
- Fourth ground: taking into account an inaccurate Biodiversity Net Gain (BNG) assessment and/or issuing a decision notice without legally adequate provision to secure BNG
- Fifth ground (subject to permission to amend): failing to publish the section 106 agreement in accordance with article 40(3)(b) of the 2015 DMP Order, rendering the grant of planning permission invali
- Conclusions