Food Convertors Ltd v Wiltshire Council [2016] EWHC 136 (Admin) (29 January 2016)
The claimant's planning permissions expired because pre-commencement conditions were not satisfied and works were not in accordance with approved plans; the claimant also had an alternative remedy by applying for a certificate of lawfulness, precluding judicial review.
- Citation
- [2016] EWHC 136 (Admin)
- Parties
- Claimant: Food Convertors Limited; Defendant: Wiltshire Council
- Jurisdiction
- England and Wales
- Judgment Date
- 29 January 2016
- Procedural Posture
- Judicial Review / Renewed Application for Permission
- Outcome
- Permission refused
- Legal Topics
- Planning Permissions, Discharge of Planning Conditions, Expiry of Planning Permissions, Alternative Remedies in Judicial Review
Case Brief
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Parties
Food Convertors Limited
Claimant
Wiltshire Council
Defendant
Procedural Posture
Judicial Review / Renewed Application for Permission
Legal Issues
- 1 Whether the claimant's planning permissions (1997 and 1999) were lawfully implemented or had expired
- 2 Whether the Council lawfully refused to discharge planning conditions
- 3 Whether the claimant had an alternative remedy precluding judicial review
Ratio Decidendi
The claimant's planning permissions expired because pre-commencement conditions were not satisfied and works were not in accordance with approved plans; the claimant also had an alternative remedy by applying for a certificate of lawfulness, precluding judicial review.
Court Disposition
Permission refused
Orders
- Renewed application for permission to apply for judicial review is refused
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