Source: All England Reporter
Publisher Citation: [2012] All ER (D) 81 (Mar)
Court: Court of Appeal, Civil Division
Judge:

Pill, Rix and Sullivan LJJ (judgment delivered extempore)
Representation Richard Drabble QC and James Burton (instructed by Richard Buxton Environmental & Public Law) for the claimant.
  Roger Giles (instructed by the legal department of Herefordshire District Council) for the authority.
Judgment Dates: 9 March 2012

Catchwords

Town and country planning - Permission for development - Duty to give adequate reasons - Defendant local planning authority granting planning permission for dwelling house in open countryside - Grant of permission being contrary to planning officer's recommendation - Reasons for permission referring to separate documents - Claimant seeking explanation for decision - Claimant not being satisfied by explanation and seeking permission to commence judicial review proceedings - Permission being refused - Claimant appealing - Whether judge erring in refusing permission on ground of promptness - Whether authority failing to give adequate reasons for granting permission.

The Case

Town and country planning Permission for development. The Court of Appeal, Civil Division, in allowing the claimant's appeal against a refusal to grant permission to bring an application for judicial review, held that there had been no basis for refusing permission on the ground that there had been a lack of promptness in bringing the claim and that the local planning authority had failed, in breach of statutory requirements, to give adequate summary reasons in support of its decision to grant planning permission for a dwelling in open countryside.

Practice Areas

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