Unfair Procedure

June 4th, 2021 by James Goudie KC

In R (Save Warsash and the Western Wards) v Fareham BC (2021) EWHC 1435 (Admin Jay J quashed a planning permission. The Council had prejudiced objectors by making important documents available to them late which could have made a material difference to the outcome. There was a breach of sections 100B and 100D of LGA 1972. It was unreasonable not to defer the meeting by which the permission was granted. However, in R (Wyatt) v Fareham BC (2021) EWHC 1434 (Admin) Jay J held that there had been no violation of the obligation to assess the environmental impact of development upon wetlands important to bird life.

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