| Source: | All England Reporter |
| Publisher Citation: | [2012] All ER (D) 72 (Apr) |
| Court: | Queen's Bench Division, Administrative Court (London) |
| Judge: | Judge Robinson sitting as a judge of the High Court (judgment delivered extempore) |
| Representation | Katrina Yates (instructed by Ince and Co) for the claimant. |
| Celina Colquhoun (instructed by Brentwood Borough Council) for the authority. | |
| Saira Kabir Sheikh (instructed by Laytons) for the interested party. | |
| Judgment Dates: | 13 April 2012 |
Catchwords
Town and country planning - Planning permission - Judicial review of grant of planning permission - Local authority granting planning permission for development close to badger sett - Claimant opposing planning permission on grounds development having detrimental effect on badgers - Planning committee being advised not to reconsider vote after receiving claimant's submissions - Whether planning committee erring in law.
The Case
Town and country planning Planning permission. The Administrative Court held that although a planning committee had erred in law by failing to reconsider its vote following submissions made by a party opposing the planning application, it had been clear that the committee would nevertheless have reached the same decision had it reconsidered, and accordingly the decision would not be quashed.
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