Christine Pratt & Anor, R (on the application of) v Exeter City Council
| Judge | Mrs Justice Lang |
| Neutral Citation | [2024] EWHC 185 (Admin) |
| Date | 02 February 2024 |
| Year | 2024 |
| Counsel | Richard Kimblin Kc,Charles Banner Kc |
| Court | King's Bench Division (Administrative Court) |
Neutral Citation Number: [2024] EWHC 185 (Admin)
Case No: AC-2023-LON-002676
IN THE HIGH COURT OF JUSTICE
KING’S BENCH DIVISION
PLANNING COURT
Royal Courts of Justice
Strand, London, WC2A 2LL
Date: 2 February 2024
Before :
MRS JUSTICE LANG DBE
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Between :
The KING
on the application of
(1) CHRISTINE PRATT
(2) THE SANDY PARK FARM PARTNERSHIP Claimants
- and -
EXETER CITY COUNCIL Defendant
(1) WADDINGTON PARK LIMITED
(2) DEVON COUNTY COUNCIL Interested Parties
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Richard Kimblin KC (instructed by DLA Piper UK LLP) for the Claimants
Charles Banner KC (instructed by Ashfords LLP) for the First Interested Party
The Defendant and the Second Interested Party did not appear and were not represented
Hearing date: 16 January 2024
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Approved Judgment
This judgment was handed down remotely at 10.30 am on 2 February 2024 by circulation to
the parties or their representatives by e-mail and by release to the National Archives.
.............................
Judgment Approved by the court for handing down. R(Pratt and Anor) v Exeter CC and Ors
Mrs Justice Lang :
1. The Claimants seek judicial review of the Defendant’s decision, dated 31 July 2023,
to grant the First Interested Party (“IP1”) outline planning permission for the
demolition of existing buildings and structures, and the phased development of up to
350 dwellings, associated infrastructure and open space at St Bridget Nursery, Old
Rydon Lane, Exeter, Devon EX2 7JY (“the Site”). All matters were reserved, apart
from access.
2. The First Claimant (“Mrs Pratt”) jointly owns and resides at Newcourt Lodge, Old
Rydon Lane, Exeter, Devon EC2 7JU. The Second Claimant (“the Partnership”),
conducts its property management and farming business from Sandy Park Farm, Old
Rydon Lane, Exeter. Mrs Pratt is not involved in the Partnership, but she is related to
some of the partners. The Partnership has beneficial ownership of land known as
‘Wynards and Poultons’, which is to the north east of the Site. Potentially it would
form part of the alternative access to and from the Site, as envisaged by the Council’s
Newcourt Masterplan, via an existing spur to the Ikea roundabout on Newcourt Way.
3. In granting planning permission, the Defendant approved IP1’s proposed access
scheme which included restrictions on the vehicular use of Old Rydon Lane (partial
closure and introduction of a one way street heading east which prevents Mrs Pratt
from turning left out of her drive) and for traffic to and from the proposed
development to travel along Old Rydon Lane.
4. The Second Interested Party (“Devon CC”) is the highways authority for the area.
The Defendant placed reliance upon Devon CC’s consultation response, which
assessed IP1’s access scheme, and did not raise any objections to it.
5. The grounds of challenge in this claim may be summarised as follows:
i) Ground 1. The Defendant failed to assess the impacts of IP1’s access scheme
on the existing residents of Old Rydon Lane.
ii) Ground 2. The planning officer gave materially misleading advice to the
Defendant’s Planning Committee on the feasibility of implementing the
Masterplan access scheme, and failed to discharge its Tameside duty to
investigate whether the Wynards and Poultons land was available for sale, and
if so, on what terms.
iii) Ground 3. The planning officer correctly advised that a Traffic Regulation
Order (“TRO”) “would be required for all the proposed works on Old Rydon
Lane, and a condition would be required to ensure for these to be secured prior
to commencement on site”. However the Defendant failed to secure the
essential underpinning to secure this, either in the planning conditions or the
iv) Ground 4. In the alternative, if it is found that a TRO was not necessary prior
to commencement of development, then the payment of £15,000 by IP1 to
Devon CC, as agreed in the section 106 TCPA 1990 agreement, was not for a
planning purpose and did not relate fairly and reasonably to the development.
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