Thornton Hall Hotel Ltd, R (On the Application Of) & Anor v Thornton Holdings Ltd

Thornton Hall Hotel Ltd, R (On the Application Of) & Anor v Thornton Holdings Ltd

The extension of time for bringing the judicial review was justified due to the unique and exceptional circumstances, including the council's clear administrative error, the appellant's knowledge of the error, and the overriding public interest in good administration. The planning permission was issued without lawful authority and did not reflect the council's decision. The judge was right to quash the permission and not to withhold relief despite the delay.

Parties
1st Respondent: Thornton Hall Hotel Ltd.; 2nd Respondent: Wirral Metropolitan Borough Council; Appellant: Thornton Holdings Ltd.
Jurisdiction
England and Wales
Judgment Date
30 April 2019
Procedural Posture
Judicial Review (planning) Appeal / Court of Appeal Judgment on Appeal From Administrative Court
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Extension of Time, Quashing of Planning Permission, Statutory Interpretation, Good Administration
Administrative Law Planning Law Judicial Review Extension of Time Quashing of Planning Permission Statutory Interpretation Good Administration

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Parties

Thornton Hall Hotel Ltd.

1st Respondent

Wirral Metropolitan Borough Council

2nd Respondent

Thornton Holdings Ltd.

Appellant

Procedural Posture

Judicial Review (planning) Appeal / Court of Appeal Judgment on Appeal From Administrative Court

Legal Issues

  1. 1 Whether the court below erred in extending time for a judicial review challenge to a planning permission granted over five years earlier
  2. 2 Whether the judge was wrong not to exercise his discretion to refuse relief under section 31(6) of the Senior Courts Act 1981

Ratio Decidendi

The extension of time for bringing the judicial review was justified due to the unique and exceptional circumstances, including the council's clear administrative error, the appellant's knowledge of the error, and the overriding public interest in good administration. The planning permission was issued without lawful authority and did not reflect the council's decision. The judge was right to quash the permission and not to withhold relief despite the delay.

Court Disposition

Appeal dismissed

Orders

  • Planning permission issued on 20 December 2011 quashed