Warren Farm (Wokingham) Ltd, R (On the Application Of) v Wokingham Borough Council

Warren Farm (Wokingham) Ltd, R (On the Application Of) v Wokingham Borough Council

Article 7(c) of the GPDO is an alternative to article 7(b) only, not to article 7(a). Where a period is specified, the authority's decision must be made within that period; extensions by agreement are not permitted. The defendant's decision was made without jurisdiction as the deemed grant of planning permission occurred at the expiry of the specified period.

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
Prior Approval Applications, Time Periods for Decision, Interpretation of Statutory Provisions
Planning Law Prior Approval Applications Time Periods for Decision Interpretation of Statutory Provisions

Case Brief

Summary, issues, holding and outcome

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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 is an alternative to both paragraphs (a) and (b) or only to paragraph (b)
  2. 2 Whether the extension of time agreed between the parties was lawful under the GPDO
  3. 3 Whether the defendant's decision refusing prior approval was made without jurisdiction

Ratio Decidendi

Article 7(c) of the GPDO is an alternative to article 7(b) only, not to article 7(a). Where a period is specified, the authority's decision must be made within that period; extensions by agreement are not permitted. The defendant's decision was made without jurisdiction as the deemed grant of planning permission occurred at the expiry of the specified period.

Court Disposition

Claim allowed; decision quashed

Orders

  • The defendant's decision of 30 January 2019 is quashed as made without jurisdiction.
  • No further relief granted; the judgment serves as declaration.