Croyde Area Residents Association, R (On the Application Of) v North Devon District Council

Croyde Area Residents Association, R (On the Application Of) v North Devon District Council

The court has jurisdiction to quash the 2014 planning permission despite the existence of a Lawful Development Certificate, as the statutory bar does not extend to the underlying permission. The exceptional delay is justified due to unique facts, and the public interest in correcting a blatantly unlawful planning permission outweighs prejudice to the Interested Party.

Parties
Claimant: Croyde Area Residents Association; Defendant: North Devon District Council; Interested Party: Parkdean Holiday Parks Limited
Jurisdiction
England and Wales
Judgment Date
19 March 2021
Procedural Posture
Judicial Review / Final Judgment
Outcome
Permission quashed; time for judicial review extended.
Legal Topics
Judicial Review, Statutory Time Limits, Environmental Impact Assessment, Area of Outstanding Natural Beauty, Planning Permission, Lawful Development Certificate, Delay and Extension of Time
Planning Law Administrative Law Judicial Review Statutory Time Limits Environmental Impact Assessment Area of Outstanding Natural Beauty Planning Permission Lawful Development Certificate +1 more

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Parties

Croyde Area Residents Association

Claimant

North Devon District Council

Defendant

Parkdean Holiday Parks Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the claim is statute barred by s.284 of the Town and Country Planning Act 1990
  2. 2 Whether an extension of time should be granted for judicial review
  3. 3 Whether relief should be refused due to delay

Ratio Decidendi

The court has jurisdiction to quash the 2014 planning permission despite the existence of a Lawful Development Certificate, as the statutory bar does not extend to the underlying permission. The exceptional delay is justified due to unique facts, and the public interest in correcting a blatantly unlawful planning permission outweighs prejudice to the Interested Party.

Court Disposition

Permission quashed; time for judicial review extended.

Orders

  • 2014 planning permission quashed
  • Time for judicial review extended