Cases - R (on the application of Wall) v Brighton and Hove City Council

Record details

Name
R (on the application of Wall) v Brighton and Hove City Council
Date
[2004]
Citation
EWHC 2582 (Admin)
Legislation
Keywords
Planning control
Summary

The planning authority failed to give the summary of reasons for the grant of permission. A neighbour sought judicial review and planning officers sought to remedy the defect by asking members to state their reasons and summarising those reasons in an amended notice of grant.

Although the case was 'finely balanced', the High Court exercised its discretion to quash the decision to grant planning permission. The applicant suffered from the uncertainty and delay, although she was not substantially prejudiced, and in the circumstances the error was not adequately remedied by obtaining the reasons by correspondence some five months after the decision.