R (on the application of Weir, Khattar and Kaner) v London Borough of Camden
Language: English Publication details: 2005Subject(s): Online resources: Summary: [2005] EWHC 1875 (Admin), 28 July 2005. Concerns the failure of a local planning authority to acknowledge an objection from another local planning authority before granting planning permission for the development of premises located on the boundary between the two authorities. The defendant local planning authority, Camden LBC (C), had received objections to the planning application from the local community association on grounds of amenity referring to noise, visitor numbers and highway safety issues. The City of Westminster (W), a statutory consultee as it exercised planning control on the other side of the boundary, also had concerns in respect of harm to residential amenity but did not submit any written objection by the end of the consultation period. C's development control sub-committee was unaware of W's objection when it granted planning permission. The claimants (WE) applied for judicial review contending that C had failed to have regard to a material consideration, W's objection and its terms. "Held": the permission should be quashed. C had failed to have regard to a material consideration namely W's objection and the terms of it. The committee might well have attached greater weight to the objections had it been aware that W supported them.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 131138-2001 |
[2005] EWHC 1875 (Admin), 28 July 2005. Concerns the failure of a local planning authority to acknowledge an objection from another local planning authority before granting planning permission for the development of premises located on the boundary between the two authorities. The defendant local planning authority, Camden LBC (C), had received objections to the planning application from the local community association on grounds of amenity referring to noise, visitor numbers and highway safety issues. The City of Westminster (W), a statutory consultee as it exercised planning control on the other side of the boundary, also had concerns in respect of harm to residential amenity but did not submit any written objection by the end of the consultation period. C's development control sub-committee was unaware of W's objection when it granted planning permission. The claimants (WE) applied for judicial review contending that C had failed to have regard to a material consideration, W's objection and its terms. "Held": the permission should be quashed. C had failed to have regard to a material consideration namely W's objection and the terms of it. The committee might well have attached greater weight to the objections had it been aware that W supported them.