000 02392cad a22002415a 4500
001 L144568
008 080729e20080703xxk f v 000 0 eng d
035 _a(Sirsi) u144568
041 0 _aeng
245 0 0 _aFinn-Kelcey v Milton Keynes Council
_h[electronic resource]
260 _c2008
520 _a[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.
590 _aKA
650 2 4 _aFINN-KELCEY V MILTON KEYNES COUNCIL
650 2 4 _aBERKELEY V SECRETARY OF STATE
650 2 4 _aPLANNING POLICY STATEMENT 22
650 2 4 _aTOWN AND COUNTRY PLANNING (ENVIRONMENTAL IMPACT ASSESSMENT) REGULATIONS 1999
651 4 _aEngland and Wales
_y1543-
690 _aENVIRONMENTAL AND LAND CONSULTANCY-ENVIRONMENTAL MANAGEMENT-ENVIRONMENTAL ASSESSMENT-ENVIRONMENTAL IMPACT ASSESSMENT
690 _aENVIRONMENTAL AND LAND CONSULTANCY-PLANNING AND DEVELOPMENT-STRATEGIC PLANNING
856 4 0 _uhttps://www.bailii.org/ew/cases/EWHC/Admin/2008/1650.html
_zView the case free of charge at www.bailii.org...
942 _n0
999 _c80520
_d80520