Jurisdiction(s):
United Kingdom

EWHC: Subsequent events cannot retrospectively invalidate lawful planning decisions; 'mistake of fact' confined to existing facts; changes via TCPA 1990 s73 or fresh application (Wiltshire Council v SSHCLG)

Published on: 04 March 2026

Published by a LexisNexis Local Government expert

Legal News

Article summary

Wiltshire Council v Secretary of State for Housing, Communities and Local Government and another [2026] EWHC 463 (Admin)

What are the practical implications of this case?

The ruling clarifies that occurrences arising after a valid planning determination cannot later be used to undo that lawful decision. Although case law allows fresh material to be deployed in challenges to show an error of fact, that strand is confined to misapprehensions of a settled and relevant fact. Here, nothing new established any factual error by the inspector when deciding: the fire damage was not present on the date of decision. The blaze occurred afterwards; accordingly, the inspector’s decision was not rendered unfair. The judgment also underlines that the current statutory planning regime supplies suitable tools to address altered circumstances, whether by applications under section 73 of the Town and Country Planning Act 1990 (TCPA 1990) or by making a new planning application. Accordingly, later developments cannot retrospectively vitiate a decision that was lawful when made, and any change should be handled through the established planning routes.

What was the background?

In August 2024, Wiltshire Council refused outline planning permission for the mixed use redevelopment of Old Sarum Airfield in Salisbury (the Airfield)...

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