What is judicial consent9/15/2023 The Court of Appeal focused in particular on two of these factual points:Ī) The nature of the permission applied for was intended to be time limited. An LPA who chose not to exercise its own powers to seek the quashing of the defective permission, but instead chose to support the challenge of a third party.Īt its heart, therefore, Thornton Hall represented a unique position for the court – the facts were such that it would make a mockery of the probity of the planning system to allow the permission to stand, even where a time measured in years, rather than weeks, had passed. ![]() An applicant who was well aware of the defects in the permission but chose not to address the matter. A permission which at its heart was intended to be time limited granted on a permanent basis. Not just a change in conditions from those included within the resolution to grant, but a complete absence of conditions altogether. The factual position in Thornton Hall (which turned on an application by a country house hotel for temporary planning permission for the erection of marquees for the hosting of weddings and other events) was littered with peculiarities: A decision notice which not only deviated from the committee resolution, but also draft decision notices which had been made public and included within the S106 agreement.
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