Casebook: Court cases - Information failure leads to quashed permission

A Salisbury resident's failure to notify his neighbours of a proposal for a bungalow in his back garden has led to permission for the development being struck down by the High Court.

The council informed the applicant that he would have to notify his neighbours of the plans because they owned part of the driveway needed to access the new house. The applicant said that he had done so and the council proceeded to grant permission. However, neighbours later claimed that they had not received any notification so the permission was procedurally flawed.

Mr Justice Newman said that the applicant had shown a cavalier disregard for mandatory planning procedures in failing to properly notify his neighbours.

He added that the failure to give notice to an unidentified owner was very different from certifying that notification had been given when it had not. The judge struck down the permission, holding that letting the permission stand would come close to undermining planning procedures.

Pridmore and Others v Salisbury District Council; Date: 5 November 2004; Ref: CO/2598/2004.

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