Hill, R (on the application of) v First Secretary of State & Anor

Hill, R (on the application of) v First Secretary of State & Anor

The inspector was not required to extend the time limit for submission of reserved matters as the claimant did not request it. The inspector's decision to grant permission subject to the original time limit was not unlawful, and even if the claimant was aggrieved, it would not be appropriate to quash the decision as the only logical outcome would have been refusal of permission.

Parties
Claimant: Michael Hill; First Defendant: First Secretary of State; Second Defendant: Exmoor National Park Authority
Jurisdiction
England and Wales
Judgment Date
17 May 2005
Procedural Posture
Judicial Review / Judgment on Application to Quash Planning Decision
Outcome
Application dismissed
Legal Topics
Section 73 Applications, Time Limits on Planning Permissions, Judicial Review of Planning Decisions
Administrative Law Planning Law Section 73 Applications Time Limits on Planning Permissions Judicial Review of Planning Decisions

Case Brief

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Parties

Michael Hill

Claimant

First Secretary of State

First Defendant

Exmoor National Park Authority

Second Defendant

Procedural Posture

Judicial Review / Judgment on Application to Quash Planning Decision

Legal Issues

  1. 1 Whether the inspector's decision to grant planning permission subject to an expired time condition was perverse or unlawful
  2. 2 Whether the claimant was a 'person aggrieved' under Section 288 of the Town and Country Planning Act 1990
  3. 3 Whether the court should exercise its discretion to quash the inspector's decision

Ratio Decidendi

The inspector was not required to extend the time limit for submission of reserved matters as the claimant did not request it. The inspector's decision to grant permission subject to the original time limit was not unlawful, and even if the claimant was aggrieved, it would not be appropriate to quash the decision as the only logical outcome would have been refusal of permission.

Court Disposition

Application dismissed

Orders

  • Claimant to pay first defendant's costs, summarily assessed at £5,937
  • Permission to appeal refused