A site in the green belt, and within an area of outstanding natural beauty, which was further protected by a long established local development policy, was not sufficiently protected to prevent planning permission being granted to develop it.
When planning permission was granted the owner of neighbouring land, acting for herself, complained to the Public Services Ombudsman who, among other things, recommended that the Council should consider whether to formally revoke the planning permission. By this time the claimant was out of time to issue proceedings in respect of the original decision.
Two further planning meetings considered the question of revocation. Contrary to its own local development plan, the Council’s planning committee refused to revoke. Applications were made to the High Court to judicially review both decisions.
The Judge held that as this case was not a judicial review of the original decision to grant permission, and was a judicial review of the decisions not to revoke the planning permission, the considerations were different. Planning policies were held to be of less relevance than expediency when reconsidering a planning decision. On that basis, permission to judicially review the subsequent decisions was refused.
We do not know what the outcome might have been had the original decision been reviewed but it might have been successful. This case serves as a stark reminder of the importance of acting fast and seeking expert legal advice on a judicial review immediately upon discovering a decision of concern.
Judicial review proceedings must be issued within 3 months of the date of the decision being complained of, but if the decision is a planning permission then proceedings must be issued within 6 weeks, giving a very short window in which to act.
Further Information
For more information, please contact Nelsons’ Property Disputes team or call on 0800 024 1976 and they will be happy to assist.