Warren Farm (Wokingham) Ltd, R (On the Application Of) v Wokingham Borough Council [2019] EWHC 2007 (Admin) (31 July 2019)

Warren Farm (Wokingham) Ltd, R (On the Application Of) v Wokingham Borough Council [2019] EWHC 2007 (Admin) (31 July 2019)

Article 7(c) of the GPDO 2015 is an alternative only to article 7(b) (where no period is specified), not to article 7(a) (where a period is specified in Schedule 2). Where a period is specified, the local planning authority must make its decision within that period; any decision made after the expiry of the period is without jurisdiction and of no legal effect.

Citation
[2019] EWHC 2007 (Admin)
Parties
Claimant: Warren Farm (Wokingham) Limited; Defendant: Wokingham Borough Council
Jurisdiction
England and Wales
Judgment Date
31 July 2019
Procedural Posture
Judicial Review / Final Judgment
Outcome
Claim allowed; decision quashed
Legal Topics
General Permitted Development Order, Prior Approval Process, Statutory Interpretation, Planning Permission, Time Limits for Decisions
Planning Law Administrative Law General Permitted Development Order Prior Approval Process Statutory Interpretation Planning Permission Time Limits for Decisions

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Parties

Warren Farm (Wokingham) Limited

Claimant

Wokingham Borough Council

Defendant

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether article 7(c) of the GPDO 2015 allows extension of time for prior approval decisions where a period is specified in Schedule 2
  2. 2 Whether a local planning authority's decision after the expiry of the specified period is valid

Ratio Decidendi

Article 7(c) of the GPDO 2015 is an alternative only to article 7(b) (where no period is specified), not to article 7(a) (where a period is specified in Schedule 2). Where a period is specified, the local planning authority must make its decision within that period; any decision made after the expiry of the period is without jurisdiction and of no legal effect.

Court Disposition

Claim allowed; decision quashed

Orders

  • The decision of Wokingham Borough Council dated 30 January 2019 is quashed as made without jurisdiction.