Richards, R (on the application of) v South Bucks District Council

Richards, R (on the application of) v South Bucks District Council

The council's failure to determine prior approval within 56 days did not invalidate the planning permission granted by the Permitted Development Order, and no evidence was provided that the 'non decision' was Wednesbury unreasonable or that the applicant suffered prejudice warranting relief.

Parties
Applicant: Heather Richards; Respondent: South Bucks District Council
Jurisdiction
England and Wales
Judgment Date
18 June 2004
Procedural Posture
Judicial Review / Final Judgment
Outcome
application dismissed
Legal Topics
Permitted Development, Prior Approval, Consultation Requirements, Judicial Review, Wednesbury Unreasonableness
Planning Law Administrative Law Permitted Development Prior Approval Consultation Requirements Judicial Review Wednesbury Unreasonableness

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Parties

Heather Richards

Applicant

South Bucks District Council

Respondent

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the council's failure to determine prior approval within 56 days invalidated the planning permission
  2. 2 Whether the council's 'non decision' was Wednesbury unreasonable
  3. 3 Whether the applicant suffered prejudice due to procedural failures

Ratio Decidendi

The council's failure to determine prior approval within 56 days did not invalidate the planning permission granted by the Permitted Development Order, and no evidence was provided that the 'non decision' was Wednesbury unreasonable or that the applicant suffered prejudice warranting relief.

Court Disposition

application dismissed

Orders

  • application for judicial review dismissed
  • costs assessed at £10,000