A challenge was made to a decision of the local authority to grant planning permission for an area of land for residential development where it was surrounded by industrial works. It had no intention to arrange compulsory purchase.
Held: The request for judicial review failed. The fact that the authority did not intend to use its powers for compulsory purchase did not vitiate the planning permission. It had not acted improperly or irrationally, and had not taken into account anything it should not have. An applicant for judicial review must in any event proceed ‘with greatest possible celerity.’
Judges:
Simon Brown J
Citations:
[1991] 1 QB 471, [1989] 29 RVR 134
Statutes:
Town and Country Planning Act 1991 29 51 245
Jurisdiction:
England and Wales
Cited by:
Cited – 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.
Judicial Review, Planning
Updated: 05 May 2022; Ref: scu.277138