Update: Court of Appeal Quashes in Greenfields v Isle of Wight Council

Following the judgment in Greenfields (IOW) Limited v Isle of Wight Council [2025] EWCA Civ 488, which overturned the High Court's decision and held that the decision to grant planning permission was unlawful as a result of the Council's failure to publish the section 106 planning obligation (see here), the Court of Appeal has now confirmed that the consequence of that error is that the Planning Permission should be quashed.

In response to the Court's invitation for further submissions on relief, the Council argued that the Court should decline to quash the Permission and instead declare it unlawful and of no effect unless and until the section 106 planning obligation was published and a 14 day period for public comment following that publication expired, with the Parties then having liberty to apply.

Following detailed argument, the Court of Appeal disagreed, and quashed the permission, as well as awarding the Appellant 75% of its costs.

A copy of the Order is available here.

Charles Streeten appeared with Brendan Brett for the successful appellant Greenfields (IOW) Limited.

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