- Cited — Chala Alice Fiske, R (on the application of) v Test Valley Borough Council 2023-12-15
“…cer’s report to committee must be read fairly and as a whole (see the leading judgment in Mansell v Tonbridge and Malling Borough Council [2017] EWCA Civ 1314; [2019] PTSR 1452, at paragraphs 41 and 42). When that is done here, one can see that the officer took care to draw the members’ attention to the relationship between the two pr…”
- Cited — Ashchurch Rural Parish Council, R (on the application of) v Tewksbury Borough Council 2023-02-07
“…t it is prepared, and read with what Lindblom LJ described as “reasonable benevolence”: R (Mansell) v Tonbridge & Malling Borough Council [2017] EWCA Civ 1314, [2019] PTSR 1452 at [42](2). The Planning Officer is likely to express personal opinions, for example, as to the weight to be attributed to various factors for or against the p…”
- Cited — Whitley Parish Council, R (on the application of) v North Yorkshire County Council & Anor 2023-02-03
“…e, avoiding an excessively legalistic approach (see the leading judgment in this court in Mansell v Tonbridge and Malling Borough Council [2017] EWCA Civ 1314; [2019] PTSR 1452, at paragraph 41). It will not focus merely on the precise phrasing of individual sentences or paragraphs in a planning officer’s report, without seeking their…”
- Cited — David Sahota, R (on the application of) v Herefordshire Council 2022-12-13
“… the principles which govern this kind of challenge were summarised by Lindblom LJ in R (Mansell) v Tonbridge and Malling Borough Council [2017] EWCA Civ 1314, [2019] PTSR 1452, at para. 42. As Lindblom LJ put it at para. 42(2):…”
- Cited — Thurston Parish Council, R (on the application of) v Mid Suffolk District Council & Anor. 2022-10-28
“… of a decision by a local planning authority to grant planning permission were summarised by Lindblom LJ in R (Mansell) v Tonbridge and Malling Borough Council [2019] PTSR 1452 at [42]. He held that an officer’s report to committee is not to be read with undue rigour, but with reasonable benevolence, bearing in mind that it is address…”
- Followed — Thurston Parish Council, R (on the application of) v Mid Suffolk District Council & Anor. 2022-10-28
“…In R (Mansell) v Tonbridge and Malling Borough Council [2017] EWCA Civ 1314; [2019] PTSR 1452, at para. 42(2), Lindblom LJ said the following:…”
- Cited — The Queen (on the application of Ronald Wyatt, Chairperson of BARAD, acting in a representative capacity) v Fareham Borough Council & Ors. 2022-07-15
“…olence” and bearing in mind it was written for councillors with local knowledge (see R. (on the application of Mansell) v Tonbridge and Malling Borough Council [2019] PTSR 1452; [2017] EWCA Civ 1314, at paragraph 42). Reading the report fairly, it could not conclude that the members had been materially misled. The officer understood t…”
- Cited — R. (on the application of Sarah Finch on behalf of the Weald Action Group) v Surrey County Council 2022-02-17
“…court reviews the decision-making of planning authorities (see R. (on the application of Mansell) v Tonbridge and Malling Borough Council [2017] EWCA Civ 1314; [2019] PTSR 1452, at paragraphs 41 and 42; and East Staffordshire Borough Council v Secretary of State for Communities and Local Government [2017] EWCA Civ 893; [2018] PTSR 88,…”