Tilly, R (on the application of) v London Borough Of Tower Hamlets [2001] EWCA Civ 1576 (17 October, 2001)

Tilly, R (on the application of) v London Borough Of Tower Hamlets [2001] EWCA Civ 1576 (17 October, 2001)

The complaints raised by the applicant are not clearly identified or capable of being answered, do not comply with procedural rules, and relate primarily to matters outside the remit of planning authorities. Public health concerns and alleged breaches of other statutes are not grounds for judicial review of the planning permission. No breach of planning law is established.

Citation
[2001] EWCA Civ 1576
Parties
Claimant/applicant: Gwendolen Rose Tilly; Defendant/respondent: London Borough of Tower Hamlets
Jurisdiction
England and Wales
Procedural Posture
Judicial Review (planning) / Application for Permission to Appeal From Refusal of Permission for Judicial Review
Outcome
Permission to appeal refused
Legal Topics
Planning Permission, Judicial Review, Public Health, Radiation Safety
Administrative Law Planning Law Planning Permission Judicial Review Public Health Radiation Safety

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Parties

Gwendolen Rose Tilly

Claimant/applicant

London Borough of Tower Hamlets

Defendant/respondent

Procedural Posture

Judicial Review (planning) / Application for Permission to Appeal From Refusal of Permission for Judicial Review

Legal Issues

  1. 1 Whether the grant of planning permission by the London Borough of Tower Hamlets was unlawful due to alleged misstatements and failure to consider public health risks
  2. 2 Whether the planning authority breached statutory duties or procedural requirements
  3. 3 Whether the High Court should grant permission for judicial review

Ratio Decidendi

The complaints raised by the applicant are not clearly identified or capable of being answered, do not comply with procedural rules, and relate primarily to matters outside the remit of planning authorities. Public health concerns and alleged breaches of other statutes are not grounds for judicial review of the planning permission. No breach of planning law is established.

Court Disposition

Permission to appeal refused

Orders

  • Application for permission to appeal refused