Source: All England Reporter
Publisher Citation: [2008] All ER (D) 13 (Jan)
Court: Queen's Bench Division, Administrative Court

Collins J

Representation Stephen Whale (instructed by Ian Clarke) for the claimant.
  Peter Wadsley (instructed by Battens) for the second interested party.
Judgment Dates: 14 January 2008


Town and country planning - Permission for development - Consent agreement under statute - Defendant local authority mistakenly granting planning permission - Leader of local authority challenging decision by way of judicial review - Whether local authority erring.

The Case

In the instant case, a decision of the defendant local authority to grant planning permission, without attaching conditions under of the Town and Country Planning Act 1990 in circumstances where its regulation committee had resolved that planning permission be granted subject to, inter alia, an agreement under s106 of the 1990 Act, had been unlawful. There was nothing to indicate that there had been an agreement under s106 of the 1990 Act before the grant of permission and in that context, the sensible and correct approach was to dispose of the s106 agreement before planning permission was granted. Accordingly, the planning permission would be quashed and the application would be remitted to a planning officer for consideration in accordance with s106 of the 1990 Act

Practice Areas

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