This case demonstrates that the courts are willing to take a commonsense approach to the application of R (on the application of Kides) v South Cambridgeshire DC (2003) which provided guidance regarding the consideration of new factors that arise between the making of a resolution and the issuing of the final decision.
Here, the appellant was challenging a refusal of her application to judicially review a planning permission issued by the district council in relation to a development of 100 new houses. Basing her argument on Kides, she argued that a revised flood map (published in the period between the making of the committee resolution and the issuing of the formal notice of permission) meant that planning officers were required to refer the matter back to committee to ensure they accounted for the change.
Lord Justice Carnwath held that Kides "is only guidance as to what is advisable, 'erring on the side of caution' " and that it must be applied with "common sense". The only question needing to be asked was whether it contained anything new which had not already been accounted for. As this was not the case, there was no reason why a rational planning committee would change its mind.