In a ruling this week, the Supreme Court overturned a previous judgement of the High Court and awarded relief to our client. This issue was based upon the legislative provisions of ‘default’ planning permission contained in the Planning and Development Act 2000.
Under review of the planning application, HRA PLANNING provided opinion and advice to the developer that their development was entitled to planning permission by default under the express provisions of Section.34 of the Planning and Development Act 2000.
A subsequent case for Judicial Review was prepared to the High Court seeking declaration and mandatory order to the effect that the planning authority had made a decision to grant planing permission in respect to a development proposal as it (the planning authority) had failed to make a decision and notify the applicant within the appropriate legislative timeframe. The High Court refused relief essentially on discretionary grounds namely without due regard to the Local Area Plan and on the basis that rights of individuals cannot be ignored under the European convention of human rights.
On consideration that the judge erred in relation to the exercise of their discretion, the decision of the High Court was challenged by the applicant to the Supreme Court.
Most notably, the Supreme Court determination validates the foundation of arguments that were drafted and presented by HRA PLANNING during the judicial review process that:
The above case demonstrates the importance of considered and professional Town Planning opinion during the planning application process, and in review of decisions by planning authorities.
Gary Rowan is a a Chartered Town Planning Consultant and Director with HRA PLANNING.