Cases - R v Broadland District Council, ex parte Dove

Record details

Name

R v Broadland District Council, ex parte Dove

Date

[1998]

Citation

NPC 7

Keywords

Planning control

Summary

Planning permission was granted to change the use of a hotel to a hostel and group home with staff flats. Local residents claimed that the planning officer's report to committee wrongly concluded that public concern relating to the nature and character of potential residents was not a land use planning issue. They also claimed that concerns over the safety of children leading to increased car trips to and from the nearby primary school by parents were material planning considerations.

The council conceded that the increase in car trips was a material consideration and the Court of Appeal agreed. The Court of Appeal also held that the concerns of objectors about anti-social behaviour were capable of being material considerations. Nevertheless, the Court of Appeal dismissed the challenge. The council had, in fact, considered the concerns of the objectors. Furthermore it was impossible to conclude that there was a real possibility that the issue of car trips would have made any difference to the council's decision.