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The High Court refused an application by a local authority to set aside an earlier grant of leave for judicial review proceedings brought by a property owner and company. The authority argued that two out of three of the judicial review challenges should not proceed as they were outside the permitted time limits, but the court found that it was not plainly wrong to grant leave, given the existence of arguable grounds for an extension of time and the interconnectedness of the underlying decisions. The ruling allows the full judicial review to proceed, with all arguments, including those on delay, to be assessed at the substantive hearing. The judge also criticised the local authority for raising and then abandoning an allegation of material non-disclosure without proper explanation.
judicial review – leave to apply for judicial review – application to set aside leave – out of time – extension of time – certiorari – building control – enforcement notice – commencement notice – Certificate of Compliance on Completion – Rules of the Superior Courts (RSC) – Building Control Act 1990 – Building Regulations 1997 – Building Control Regulations 1997 – legal certainty – delay – abuse of process – material non-disclosure
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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