Cases - R v Derbyshire County Council, ex parte Woods

Record details

Name
R v Derbyshire County Council, ex parte Woods
Date
[1997]
Citation
JPL 958
Legislation
Keywords
Planning control
Summary

The applicant claimed that Derbyshire County Council had failed to interpret a paragraph of Minerals Planning Guidance Note 3 ('MPG3') properly.

The Court of Appeal held that it is for the court to determine, as a matter of law, what the words are capable of meaning. Lord Justice Brooke said:

'If the decision maker attaches a meaning to the words they are not properly capable of bearing, then it will have made an error of law, and it will have failed properly to understand policy.'

He added that MPG3 is not a set of rules written by lawyers for lawyers. It is a Guidance Note and not to be read as if it contained the words of a statute.

(A similar approach is taken to development plans. See Cranage Parish Council v First Secretary of State (2004).)