Judge Quashes A Planning Permission After Six Years

Publication Date29 Mar 2021
SubjectReal Estate and Construction, Construction & Planning
Law FirmBirketts
AuthorSteven Bell

Another exceptional case where the Judge quashes a planning permission after six years - where does this leave the six week challenge period now?

Following judgement on the 19 March 2021 the case of R on the Application of Croyde Area Residents Association v North Devon District Council - Case Number: CO/2368/2020 has hit the planning headlines as the Judge quashed a 2014 planning permission some six years out of time.

In 2018 I wrote an article titled 'Extraordinary case where Judge quashes planning permission after six years' following the Thornton Hall Hotel case. We have not subsequently seen a flurry of cases for out of time judicial review or revision of the general position that a Judicial Review of a planning decision should be made within six weeks of the relevant decision. However, could this new 2021 case be a turning point?

This 2021 case concerns a planning permission from 2014 which was meant to do no more than extend a caravan park's opening times. In fact it did a lot more than that.

Attached to that permission was a plan which demarcated an area of land far larger than the existing caravan park (which the local authority failed to spot). A red line on the plan encompassed an area of roughly 22 hectares which, before 2014, had no planning permission for the stationing of caravans or lodges. The demarcated land also lay within the AONB.

The Judge comments that the council had "erroneously granted permission for a different purpose, and in respect of a different area of land, than it intended". It would have likely required an EIA and was in conflict with a number of planning policies.

As the parties appeared to agree the planning permission from 2014 was unlawful the real issue before the Court was whether, after so many years, it should be quashed.

The Judge concluded: "The interests of the credibility of the planning system weighs heavily in...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT