The applicant owned a health farm. Permission was sought to develop adjoining land, and the applicant objected unsuccessfully, but the Secretary of State then called in the decision. In the meantime, the applicant sought judicial review of the council’s decision, saying that the council had given weight to an irrelevant matter. The application failed. The planning system provided a comprehensive code for such challenges, and it should be used. Judicial review would exclude the public from involvement. The issues were as to matters of fact which were appropriate for assessment within the system.
Citations:
Gazette 22-Mar-2001, [2001] EWHC Admin 179
Links:
Statutes:
Town and Country Planning Act 1990 77
Planning, Judicial Review
Updated: 29 May 2022; Ref: scu.140288