R v SoS Environment ex parte Kent et al
R v SoS Environment ex parte Kent et al
- 1988
- Journal of Planning and Environment Law (1988) JPL 706(6) .
QBD 4 May 1988. Application for judicial review of inspector`s decision allowing an appeal by Racal Vodafone (R) from the refusal of the Ealing LBC (E) to grant planning permission for erection of a cellular radio base station . Before refusing permission E had consulted residents of nearby flats inviting observations, but had omitted to write to the applicant, Mr Kent (K), and to many of his neighbours whose flats were closest to the proposed development. Following refusal of the application, R appealed on 16 March 1987. E again notified local residents but again, failed to inform K and the other applicants. The Inspector allowed R`s appeal by letter dated 12 November 1987. On 13 January 1988 K discovered the proposal, applying for judicial review on 11 February 1988. The Town and Country Planning Act 1971 s245 provides: "if any person is aggrieved... he may, within six weeks ... make an application to the High Court...". It was alleged that failure to consult K and the others const
COMMUNICATIONS EQUIPMENT
PLANNING APPEALS
QBD 4 May 1988. Application for judicial review of inspector`s decision allowing an appeal by Racal Vodafone (R) from the refusal of the Ealing LBC (E) to grant planning permission for erection of a cellular radio base station . Before refusing permission E had consulted residents of nearby flats inviting observations, but had omitted to write to the applicant, Mr Kent (K), and to many of his neighbours whose flats were closest to the proposed development. Following refusal of the application, R appealed on 16 March 1987. E again notified local residents but again, failed to inform K and the other applicants. The Inspector allowed R`s appeal by letter dated 12 November 1987. On 13 January 1988 K discovered the proposal, applying for judicial review on 11 February 1988. The Town and Country Planning Act 1971 s245 provides: "if any person is aggrieved... he may, within six weeks ... make an application to the High Court...". It was alleged that failure to consult K and the others const
COMMUNICATIONS EQUIPMENT
PLANNING APPEALS