Planning permission quashed seven years after grant

The High Court has quashed a planning permission granted on 27 January 2014. The planning permission related to a holiday park in Devon. It allowed the siting of caravans across a wide area, including on a green field that was part of the park. The Claimant, Croyde Area Residents Association, challenged the 2014 decision on the basis that it referred to a red line map that incorrectly included the green field in question. The result was that the Council had acted unlawfully in granting permission, including inter alia failing to take into account a number of material considerations, and failing to carry out proper environmental screening. The Defendant Council and the Interested Party who owned the site agreed that the planning permission had been unlawfully granted. However, the Interested Party resisted the claim on the basis that the claim was statute barred, due to a recent Lawful Development Certificate (“LDC”) which the Interested Party had sought and obtained in respect of the field. The Interested Party also argued that in all the circumstances no extension of time should be granted, and/or that relief should be refused. In a judgment handed down on 19 March 2021, Lieven J held that:

1. The claim was not statute-barred, because s.284 of the TCPA 1990 did not debar a challenge to a planning permission which underlies the grant of an LDC,

2. Applying the principles in R (Thornton Hall Hotel Ltd) v Wirral MBC [2019] P.T.S.R. 1794, any delay on the part of the Claimant and financial prejudice to the Interested Party was outweighed by the harm to the surrounding AONB.

The Claimant was represented by Richard Turney and Alex Shattock, instructed by Richard Buxton Solicitors. The Interested Party was represented by James Maurici QC and Heather Sargent, instructed by Herbert Smith Freehills.