Georgina Wallis, R (on the application of) v North Northamptonshire Council

Georgina Wallis, R (on the application of) v North Northamptonshire Council

The Claimant failed to act with the required promptness after becoming aware of the development, and the delay was unjustified. The prejudice to the developer and the public interest in certainty and good administration outweighed the Claimant's reasons for delay. There was no good reason to extend time, and the application for permission to apply for judicial review was refused.

Parties
Claimant: The King on the application of Georgina Wallis; Defendant: North Northamptonshire Council; Interested Party: Block Industrial Corby 13 Limited; Interested Party: Barmach Limited
Jurisdiction
England and Wales
Judgment Date
12 February 2024
Procedural Posture
Judicial Review / Application for Extension of Time and Permission for Judicial Review
Outcome
Application for extension of time and permission for judicial review refused.
Legal Topics
Judicial Review, Planning Permission, Delay in Judicial Review, Neighbour Consultation, Material Error of Fact, Legitimate Expectation, Statutory Notification Requirements
Administrative Law Planning Law Judicial Review Planning Permission Delay in Judicial Review Neighbour Consultation Material Error of Fact Legitimate Expectation +1 more

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Parties

The King on the application of Georgina Wallis

Claimant

North Northamptonshire Council

Defendant

Block Industrial Corby 13 Limited

Interested Party

Barmach Limited

Interested Party

Procedural Posture

Judicial Review / Application for Extension of Time and Permission for Judicial Review

Legal Issues

  1. 1 Whether the court should extend time for filing a judicial review out of time against two grants of planning permission due to failure of neighbour consultation and notification errors
  2. 2 Whether the Council's failure to consult neighbours and errors in site notification rendered the planning permissions unlawful
  3. 3 Whether the delay in bringing the claim was justified and whether relief should be refused due to prejudice to the developer and good administration

Ratio Decidendi

The Claimant failed to act with the required promptness after becoming aware of the development, and the delay was unjustified. The prejudice to the developer and the public interest in certainty and good administration outweighed the Claimant's reasons for delay. There was no good reason to extend time, and the application for permission to apply for judicial review was refused.

Court Disposition

Application for extension of time and permission for judicial review refused.

Orders

  • Claimant's application for extension of time is refused.
  • Permission to apply for judicial review is refused.