A permission had been granted for a garden centre with a limited sales area. The applicant had objected that the new building covered a greater area than allowed, and sought that the permission be quashed as invalid. The council appealed the quashing of the order.
Held: The court has a discretion not to quash a planning permission which had in fact been unlawfully granted. The records of the extent of the area were no longer available, but it appeared to have been implemented in excess of the permitted size. Nevertheless, the objector had not established any impairment of its own visual amenity, and the new buildings seemed to be an improvement, and it had not affected the rural character of the neighbourhood. The grant should stand.
Judges:
Aldous LJ, Schiemann LJ, Brooke LJ
Citations:
Times 22-Nov-2000
Jurisdiction:
England and Wales
Citing:
Appeal from – Regina v North Somerset District Council Ex Parte Cadbury Garden Centre Ltd QBD 10-Nov-1999
A garden centre challenged a series of planning decisions relating to adjoining land which changed its use to that of a garden centre. The challenge was successful insofar as the authority had failed to acknowledge that their decision amounted to . .
Lists of cited by and citing cases may be incomplete.
Planning
Updated: 11 May 2022; Ref: scu.88572
