Cases - R v London Borough of Hammersmith and Fulham, ex parte Burkett
Record details
- Name
- R v London Borough of Hammersmith and Fulham, ex parte Burkett
- Date
- [2003]; [2002]; [2002]
- Citation
- 3 AII ER 97; 2 PLR 90; UKHL 23
- Legislation
- Keywords
- Planning control
- Summary
-
The House of Lords held that the time runs from the date that planning permission is granted, not the date of the resolution to grant planning permission, as had formerly been held to be the case.
As regards the time limit, the House criticised an earlier decision of the High Court that purported to reduce the time limit to 6 weeks in line with the time limit on statutory challenge. Furthermore, the House doubted that the word 'promptly' was sufficiently certain in meaning to comply with European law and Convention rights. However, the court has discretion to refuse relief and in urgent cases the burden to act quickly would be on the applicant.