Monday, February 15, 2010

Jarndyce (LD, Cambridge) VS Jarndyce (LD, Cambridge)


Cambridge City Council’s planning woes continue with this novel approach – and I will give them that – to dealing with messed up applications.

The News gives the background:


Planning officers approved a list of amendments which they considered to be "non-material", but their bosses now say the changes should have been put before councillors.

A judicial review is thought to be the most effective way to officially cancel the deal but as the council cannot take legal action against itself, someone needs to take it to court.

So the leader of the council takes his own council to court.... another Lib Dem friendly fire incident. Let's hope this is not another Bleak House.

2 comments:

  1. Not that novel, and at least in this instance it is not being contested by an 'interested party'.

    Michael Gardner, Conservative Leader of Harrogate Borough Council successfully took the same legal course of action against his Council at the end of last year to quash an illegal decision by the planning committee after Standards Board and Local Government Ombudsman rulings. The application was upheld despite the application to the court being opposed by the Tory Councillor who was the person who had originally made the planning application. The defect sprang from the way the chair of the planning committee who was well acquainted with the applicant had used a casting vote to secure the approval.

    At the beginning of last year Timothy Carroll, Lib Dem leader of South Somerset District Council, had a decision of his council quashed by the High Court. In that case a decision notice of planning approval was issued by officers without reference to a s106 agreement that was required by the committee decision.

    I'm sure I can locate plenty more cases indicating that this regrettably necessary proceeding is no respector of political colours.

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  2. Ian, what you say may be fair comment, but by taking this action right now you seem to have given a hostage to fortune; especially in the light of the City Council debating some time ago as to whether or not it should enforce its own planning guidelines.

    http://blog.richardnormington.com/2009/08/it-is-more-than-tesco.html

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