Planning authority could not reserve matters where outline approval given under General Development Order. A three year delay between the decision, and the application for judicial review was an undue delay defeating that application. Undue delay provisions applied particularly in planning cases.
Pill LJ observed that ‘a planning permission is contained in a public document which potentially confers benefit on the land to which it relates. Important decisions may be taken by public bodies and private bodies and individuals upon the strength of it, both in relation to the land itself and in the neighbourhood. A chain of events may be set in motion. It is important to good administration that, once granted, a permission should not readily be invalidated’.
Judges:
Pill LJ
Citations:
Times 10-Sep-1998, Gazette 03-Sep-1998, [1998] EWCA Civ 1279, [1999] PLCR 51, (1998) 10 Admin LR 676, [1998] EG 131
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Appeal from – Regina v Newbury District Council and Newbury and District Agricultural Society ex parte Chieveley Parish Council Admn 23-Jun-1997
Judicial review out of time against planning decision was not allowed because of the need for public administration to proceed. . .
Cited by:
Cited – Adamson and Others v Paddico (267) Ltd SC 5-Feb-2014
Land had been registered as a town or village green but wrongly so. The claimant had sought rectification, but the respondents argued that the long time elapsed after registration should defeat the request.
Held: The appeal were solely as to . .
Lists of cited by and citing cases may be incomplete.
Planning, Judicial Review
Updated: 23 November 2022; Ref: scu.144758