Pridmore & Ors, R (on the application of) v Salisbury District Council & Anor

Pridmore & Ors, R (on the application of) v Salisbury District Council & Anor

Deliberate failure to comply with mandatory notification and certification requirements, coupled with false certificates and inadequate consideration of material facts, warrants exercise of discretion to quash the planning permission.

Parties
First Claimant: Ian Richard Pridmore; Second Claimant: Jo-Anne Louise Pridmore; Third Claimant: Terence George Dodd; Fourth Claimant: Linda Dodd; Defendant: Salisbury District Council; Interested Party: Bernard Docking
Jurisdiction
England and Wales
Judgment Date
05 November 2004
Procedural Posture
Judicial Review / Judgment and Orders
Outcome
Application granted; planning permission quashed.
Legal Topics
Planning Permission, Procedural Irregularity, Statutory Notification, Judicial Review, Discretion to Quash
Administrative Law Planning Law Planning Permission Procedural Irregularity Statutory Notification Judicial Review Discretion to Quash

Case Brief

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Parties

Ian Richard Pridmore

First Claimant

Jo-Anne Louise Pridmore

Second Claimant

Terence George Dodd

Third Claimant

Linda Dodd

Fourth Claimant

Salisbury District Council

Defendant

Bernard Docking

Interested Party

Procedural Posture

Judicial Review / Judgment and Orders

Legal Issues

  1. 1 Whether procedural irregularities in notification and certification render the planning permission voidable and warrant quashing
  2. 2 Whether the Council erred in law by entertaining and determining an invalid application
  3. 3 Whether the claimants suffered prejudice due to inadequate notice

Ratio Decidendi

Deliberate failure to comply with mandatory notification and certification requirements, coupled with false certificates and inadequate consideration of material facts, warrants exercise of discretion to quash the planning permission.

Court Disposition

Application granted; planning permission quashed.

Orders

  • Planning permission granted to Bernard Docking is quashed.
  • Defendant to pay claimants' costs, subject to detailed assessment.