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High Court, in planning and development judicial review proceedings, dismisses proceedings seeking to quash planning board's decision to reject as invalid the appellants'/applicants' appeal against a County Council decision to grant planning permission for a residential development owing to a failure to identify all appellants' names and addresses on appeal documentation, on the grounds that: there was non-compliance with the statutory requirements for such appeals; such non-compliance was not trivial or insubstantial; and no breach of fair procedures has occurred where the board had materially re-examined the appeal documentation prior to the issue of the proceedings.
Judicial review - planning and development - commercial - application to quash planning board's decision to reject applicant's appeal against county council's decision to grant planning permission for residential development - appeal deemed invalid as names and addresses of appellants not stated on appeal documentation - whether appeal complies with legislative requirements - fair procedures and natural justice - whether breach trivial - statutory requirements for planning appeals - relevant facts - appeal on behalf of others not named on form - non-compliance with statutory provisions where residents names and addresses failed to appear on form - consequences - caselaw to be applied - no other document which identifies names and addresses of others for whom applicant acts - de minimus principle cannot be applied in the circumstances - failure to comply with statutory requirements can only be excused where non-compliance is plainly insubstantial - re-examination of documentation was carried out by planning board prior to institution of proceedings - no right to make submissions on issue to planning board - estoppel does not arise - proceedings dismissed
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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