Source: All England Reporter
Publisher Citation: [2005] All ER (D) 380 (Nov)
Court: Queen's Bench Division (Administrative Court)
Judge:

Crane J

Representation Alan Newman QC and Alexander Dos Santos (instructed by Rafina & Co) for the claimant.
  David Forsdick (instructed by Terry Osbourne) for the defendant.
Judgment Dates: 29 November 2005

Catchwords

Town and Country Planning - Permission for development - Environmental statement - Request for further information - 21 day period for further representations on further information - Making decision to grant permission before end of period - Ultra vires - Whether decision to grant permission ultra vires - Town and Country Planning (Environmental Impact Assessment) Regulations 1999, , reg 19.

The Case

In the circumstances, where the defendant local planning authority had decided to grant planning permission, 4 hours before the 21 day period for representations to be made on further information had ended, the purpose of reg19 of the Town and Country Planning (Environmental Impact Assessment) Regulations 1999 to give an opportunity for representations to be made had been substantially complied with and in the absence of evidence of any prejudice the decision would not be quashed.

Practice Areas

If you are a LexisLibrary subscriber you can read more about this case here.