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Finn-Kelcey v Milton Keynes Council [electronic resource]

Language: English Publication details: 2008Subject(s): Online resources: Summary: [2008] EWHC 1650 (Admin), 3 July 2008. Application for judicial review of a local authority decision to grant planning permission was refused despite a breach of planning regulations; as the permission would have been provided anyway and there had been an unreasonable delay before the application for review was made. Applicant (F) requested a judicial review of a decision of the local authority to build a wind farm on the land of (M). F belonged to a group (B) opposed to wind farms in the locale, stating there was insufficient wind speed. Local authority requested further information from M to be made available to the public. M provided the data on CDs as it was considerable, but the local authority did not put this infomation in the public file for consideration (although B were made aware of its existence). Committee granted planning permission and F applied for the review on the basis that B had not been provided with the data CDs. Held: M did all it could to provide the data, but the local authority had breached regulations. As the data had been mentioned in supplementary evidence, there was no unfairness to B and planning permission would have been granted regardless. F was refused permision to apply and his claim failed. All failings were easily identifiable and M would have been significantly materially disadvantaged by the delay of an investigation after the event of planning permission being granted.
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Law report Virtual Online ONLINE PUBLICATION (Browse shelf(Opens below)) 1 Available 144568-1001

[2008] EWHC 1650 (Admin), 3 July 2008. Application for judicial review of a local authority decision to grant planning permission was refused despite a breach of planning regulations; as the permission would have been provided anyway and there had been an unreasonable delay before the application for review was made. Applicant (F) requested a judicial review of a decision of the local authority to build a wind farm on the land of (M). F belonged to a group (B) opposed to wind farms in the locale, stating there was insufficient wind speed. Local authority requested further information from M to be made available to the public. M provided the data on CDs as it was considerable, but the local authority did not put this infomation in the public file for consideration (although B were made aware of its existence). Committee granted planning permission and F applied for the review on the basis that B had not been provided with the data CDs. Held: M did all it could to provide the data, but the local authority had breached regulations. As the data had been mentioned in supplementary evidence, there was no unfairness to B and planning permission would have been granted regardless. F was refused permision to apply and his claim failed. All failings were easily identifiable and M would have been significantly materially disadvantaged by the delay of an investigation after the event of planning permission being granted.