CASEBOOK: Court cases - Procedural error held not to invalidate permission

A challenge to the London Borough of Haringey's decision to grant permission for a builder's merchants has failed even though the High Court accepted that the council had not complied with its normal requirements on public consultation and publicity for planning applications.

A local resident argued that the council had failed to notify him of the application. But Mr Justice Richards noted that the challenge had been brought two years and eight months after the grant of permission.

Although attaching substantial weight to the fact that the council had failed to comply with its publicity requirements, he concluded that to quash the permission would cause very substantial hardship to the company and impose unduly onerous financial consequences.

Gavin v London Borough of Haringey; Date: 5 November 2003; Ref: Co/2571/2003.

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