The applicant sought judicial review of the grant of planning permission for a wind farm on neighbouring land. Amongst other things he said that the information required by the order to be placed with the application had not been provided.
Held: This application was refused for delay. The need for expedition is of particular importance in challenges to grants of planning permission. The recipient is prima facie entitled to implement the permission. The decision had been taken in December 2007, but the application was not lodged until April 2008. The applicant had done all it should to provide the information, and any failing was within the council, but it had not produced any unfairness.
Collins J
[2008] EWHC 1650 (Admin)
Bailii
Town & Country Planning (Environmental Impact Assessment) Regulations 1999
England and Wales
Cited by:
Appeal From – Finn-Kelcey v Milton Keynes Council and MK Windfarm Ltd CA 10-Oct-2008
Judicial Review must be timely
The appellant challenged the grant of permission for a wind farm on neighbouring land. His application for judicial review had been rejected for delay and on the merits.
Held: The court repeated the requirement that an application must be both . .
Lists of cited by and citing cases may be incomplete.
Planning, Environment, Judicial Review
Updated: 09 November 2021; Ref: scu.270902
