- Cited — Chala Alice Fiske, R (on the application of) v Test Valley Borough Council 2023-12-15
“…A planning officer’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 …”
- Cited — Andrew Plant, R (on the application of) v London Borough of Lambeth & Ors 2023-07-11
“…the treatment of officers’ reports to committees were set out by the Judge by reference to the well-known passage at [42] of Mansell v Tonbridge and Malling BC [2017] EWCA Civ 1314. It is not suggested that the Judge erred in his application of those principles and it is not necessary to set them out again here. We are concerned with the …”
- Cited — Persimmon Homes (Thames Valley) Limited v Worthing Borough Council 2023-06-30
“…ightforward way, with common sense and a tolerance of errors that are not material (see the leading judgment in Mansell v Tonbridge and Malling Borough Council [2017] EWCA Civ 1314, at paragraphs 41 and 42). It will not second-guess the inspector’s exercise of planning judgment. Nor will it look for perfection in his reasons (see the spee…”
- Cited — Ashchurch Rural Parish Council, R (on the application of) v Tewksbury Borough Council 2023-02-07
“…those for whose benefit 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 fo…”
- Cited — Whitley Parish Council, R (on the application of) v North Yorkshire County Council & Anor 2023-02-03
“…ealism and common sense, 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, wit…”
- Cited — David Sahota, R (on the application of) v Herefordshire Council 2022-12-13
“… ground before us that 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):…”
- 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 — William Corbett v Cornwall Council 2022-07-27
“…rial defect is to be seen in the officer’s relevant advice, either in the report itself or in the addendum (see Mansell v Tonbridge and Malling Borough Council [2017] EWCA Civ 1314, at paragraphs 41 to 42). The interpretation of relevant local plan policy was correct, and, in the application of policy, the conclusions reached in the exerc…”
- 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
“…g 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 the priority to be give…”
- Cited — R. (on the application of Sarah Finch on behalf of the Weald Action Group) v Surrey County Council 2022-02-17
“…ealism with which the 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 89…”
- Cited — Flynn, R (On the Application Of) v The London Borough of Southwark Council & Anor 2021-05-28
“…cer’s advice (see Palmer v Herefordshire Council [2016] EWCA Civ 1061, [2017] 1 W.L.R. 411, at paragraph 7; and Mansell v Tonbridge and Malling Borough Council [2017] EWCA Civ 1314, [2019] P.T.S.R. 1452, at paragraph 42(2)). This does not mean, however, that the officer’s report, or any part of it, is automatically incorporated into the m…”
- Applied — Asda Stores Ltd, R (On the Application Of) v Leeds City Council (Rev1) 2021-01-20
“…aker”, it will look for an interpretation that is “straightforward, without undue or elaborate exposition” (see Mansell v Tonbridge and Malling Borough Council [2017] EWCA Civ 1314, at paragraph 41). Often it will be entitled to say that the policy simply means what it says, and that it is the job of the decision-maker to apply it with re…”
- Cited — Ikram v Secretary of State for Housing, Communities And Local Government & Ors 2021-01-06
“… be identified by taking a hypercritical approach, which this Court has discouraged on many occasions: see e.g. Mansell v Tonbridge and Malling Borough Council [2017] EWCA Civ 1314, at para. 41 (Lindblom LJ); and St Modwen Developments Ltd v Secretary of State for Communities and Local Government [2017] EWCA Civ 1643, at para. 7, where Li…”
- Cited — Corbett, R (On the Application Of) v 2020-04-09
“…also submitted that the judge was right to find the officer’s reasoning inadequate. In the sense referred to in Mansell v Tonbridge and Malling Borough Council [2017] EWCA Civ 1314; [2019] P.T.S.R. 1452 (at paragraph 42), the advice she gave the members was materially misleading, because she failed to draw to their attention the fact that…”
- Cited — Bates, R (On the Application Of) v MALDON DISTRICT COUNCIL 2019-07-23
“… an informed readership (R (Siraj)v Kirklees Metropolitan Council [2010] EWCA Civ 1286), recently confirmed in Mansell v Tonbridge and Malling District Council [2017] EWCA Civ 1314 at [42] per Lindblom LJ).…”
- Applied — Bates, R (On the Application Of) v MALDON DISTRICT COUNCIL 2019-07-23
“…istic view of what needs to be set out in assessing the proposal on its merits (see, for example, my judgment in Mansell vTonbridge and Malling Borough Council [2017] EWCA Civ 1314 at [41]-[42], and the judgment of the Chancellor of the High Court at [62]-[64]). I see no reason to apply a different approach to a report prepared by a plann…”
- Cited — Squire, R (on the application of) v Shropshire Council 2019-05-24
“…o the committee was deficient or misleading in a significant way (see the summary of the relevant principles in Mansell v Tonbridge and Malling Borough Council [2017] EWCA Civ 1314, at paragraphs 42, 62 and 63).…”
- Cited — Tate, R (on the application of) v Leffers-Smith 2018-06-29
“…In Mansell v Tonbridge and Malling Borough Council [2017] EWCA Civ 1314 (at paragraphs 41, 42 and 63)this court has recently emphasized, as it has consistently done before, that planning officers’ reports to committee ought to be r…”
- Cited — Oates, R (on the application of) v Wealden District Council & Anor 2018-06-08
“…efect in the officer’s advice, the court will not interfere” (see the judgments recently given in this court in Mansell v Tonbridge and Malling Borough Council [2017] EWCA Civ 1314 – in particular, at paragraphs 42 and 63).…”
- Cited — Braintree District Council v Secretary of State for Communities and Local Government & Ors 2018-03-28
“…[2017] EWCA Civ 1314, at paragraphs 41 and 42).…”
- Cited — Brown v London Borough of Ealing Council & Anor 2018-03-23
“…[2017] EWCA Civ 1314, [2018] J.P.L. 176, at paragraphs 41 and 42). We must keep that in mind here.…”
- Cited — Samuel Smith Old Brewery (Tadcaster) Oxton Farm v North Yorkshire County Council & Anor 2018-03-16
“…[2017] EWCA Civ 1314, at paragraph 42). However, none of those familiar principles detracts from the need for the court to intervene where a planning decision has been made by a lo…”
- Cited — Preston New Road Action Group v Secretary of State for Communities & Anor 2018-01-12
“…017] UKSC 37, [2017] 1 W.L.R. 1865 (see Lord Carnwath’s judgment, at paragraphs 22 to 26), and by this court in Mansell v Tonbridge and Malling Borough Council [2017] EWCA Civ 1314 (see my judgment, at paragraph 41). The court must remember that planning policies should not be construed as if they were provisions in a statute or a contrac…”