The applicant objected to an application for planning permission by a neighbour. The authority authorised officers to exercise delegated powers to grant permission where no objection had been received. Even then the officer could exercise the power only where the development sought complied with all relevant policies. Here an objection was made. The officer mistakenly viewed that plan as complying with the policies and granted the application
Held: It was for the planning officer to interpret planning policies and to decide whether there was a conflict, so long as he acted reasonably and in good faith. It was a subjective test as to whether the officer viewed the application as complying with the policies.
[2001] EWHC Admin 873
Bailii
England and Wales
Citing:
Appealed to – Regina (on the application of Carlton-Conway) v Harrow London Borough Council CA 14-Jun-2002
The appellant had objected to a neighbour’s planning application. Contested applications could only be handled under delegated powers where the permission sought would comply with the relevant policies. The application was granted because in the . .
Cited by:
Appeal from – Regina (on the application of Carlton-Conway) v Harrow London Borough Council CA 14-Jun-2002
The appellant had objected to a neighbour’s planning application. Contested applications could only be handled under delegated powers where the permission sought would comply with the relevant policies. The application was granted because in the . .
Cited – Richardson and Orme v North Yorkshire County Council CA 19-Dec-2003
The claimants appealed against an order dismissing their application for a judicial review of the respondent’s grant of planning permission. They contended that a councillor with an interest in the matter had wrongfully not been excluded from the . .
Lists of cited by and citing cases may be incomplete.
Planning, Local Government
Updated: 13 December 2021; Ref: scu.167259