Richards, R (on the application of) v South Bucks District Council [2004] EWHC 2145 (Admin) (18 June 2004)

Richards, R (on the application of) v South Bucks District Council [2004] EWHC 2145 (Admin) (18 June 2004)

The failure of the local planning authority to determine the prior approval application within 56 days did not invalidate the planning permission granted by the Permitted Development Order. No evidence was provided that the council's decision was Wednesbury unreasonable or that the applicant suffered prejudice that would entitle her to relief.

Citation
[2004] EWHC 2145 (Admin)
Parties
Claimant: Heather Richards; Defendant: 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 Procedures, Judicial Review, Consultation Requirements, Wednesbury Unreasonableness
Administrative Law Planning Law Permitted Development Prior Approval Procedures Judicial Review Consultation Requirements Wednesbury Unreasonableness

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Parties

Heather Richards

Claimant

South Bucks District Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

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

Ratio Decidendi

The failure of the local planning authority to determine the prior approval application within 56 days did not invalidate the planning permission granted by the Permitted Development Order. No evidence was provided that the council's decision was Wednesbury unreasonable or that the applicant suffered prejudice that would entitle her to relief.

Court Disposition

Application dismissed

Orders

  • Application for judicial review dismissed
  • Costs assessed at £10,000