The High Court has quashed planning permission granted to a Somerset carnival society to build five large sheds in open countryside that would be used to build carnival floats.
South Somerset District Council granted the permission earlier this year after a 6-5 vote of the council’s planning committee.
The sheds were to be built in a field on the Dillington Estate, outside of Ilminster. Carnival committees in Wellington, Chard, Ilminster and Taunton came together to form the South Somerset Federation of Carnivals, which would use the premises.
Carnivals and floats are an important part of Somerset tradition, and have been part of South Western culture for hundreds of years.
Even so, countryside charity CPRES (formerly known as the Council for the Preservation of Rural England) challenged the decision, saying two of the councillors who voted on the development were biased.
One was the deputy mayor of Ilminster, where the development was set to be built, and another was a member of a carnival committee and a strong supporter of carnivals.
The case was heard at the High Court sitting in Bristol last month.
Lawyers for the council argued the councillors had declared their interest, and the council’s monitoring officer ruled that, according to the council’s code, they could take part in the vote.
The trial judge, Mr Justice Chamberlain, said this was a mistaken interpretation.
“This outcome does not reflect adversely on the integrity or professionalism of either councillor,” the judge said.
“Both councillors declared their interests openly. Neither attempted to hide their associations. Both followed the advice of the monitoring officer. That advice flowed from her honest analysis and application of the code.
“The monitoring officer went wrong in law, as many public decision-makers and most judges do at some point, but was not otherwise at fault.”
The council will now have to reconsider the decision, he said.
CPRE (Somerset) v South Somerset District Council and (1) Ilminster Town Council (2) the Dillington Estate
Administrative Court (Mr Justice Chamberlain) 8 November 2022
