The claimant challenged by way of judicial review a decision of the respondent to grant a planning permission. The Council said that it had insufficient funds to defend tha application.
Held: Review was granted and the decision quashed.
Singh J outlined the minimum considerations for a public authority feeling unable to defend its decision due to financial constraints. It should, at a minimum, make sure that full disclosure has been given, file a witness statement; file an acknowledgement of service, with summary or even outline grounds for resist the request, and it must ensure that some representative is present at all hearings whether legally qualified or not.
Singh J
[2015] EWHC 1251 (Admin), [2015] PTSR D32
Bailii
England and Wales
Planning, Litigation Practice, Local Government
Updated: 11 November 2021; Ref: scu.546410
