Source: All England Reporter
Publisher Citation: [2015] All ER (D) 48 (May)
Neutral Citation: [2015] EWHC 1251 (Admin)
Court: Queen's Bench Division, Administrative Court (London)
Judge:

Mr Justice Singh

Representation James Maurici QC and Gwion Lewis (instructed by Hewitsons LLP, Cambridge) for the claimant.
  The authority did not appear and was not represented.
  Christopher Katkowski QC and Graeme Keen (instructed by Thomas Eggar LLP, Chichester) for the interested party.
Judgment Dates: 6 May 2015

Catchwords

Town and country planning - Planning permission - Judicial review of grant of planning permission - Claimant seeking judicial review of defendant local planning authority's grant of planning permission to interested party for class A1 retail store and related development - Whether defendant failing to consider and/or being misled as to extent of harm - Whether defendant adopting inconsistent and irrational approach - .

The Case

Town and country planning Planning permission. The claimant sought judicial review of the defendant local planning authority's grant of planning permission to the interested party for a class A1 retail store and related development. The Planning Court, in allowing the application, held that the full impact of the proposed development had not been clearly set out in the officers' report and the committee had not been properly informed of the true extent of the likely harm. Further, nowhere in the officers' report had it been explained why benefits under of the Town and Country Planning Act 1990 had been 'necessary' to have made the development acceptable.

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