Court of Appeal
Regina (Thornton Hall Hotel Ltd)
v
Wirral Metropolitan Borough Council
[2019] EWCA Civ 737
2019 March 5;April 30
Sir Terence Etherton MR, Lindblom, Irwin LJJ
PlanningPlanning permissionConditionsLocal planning authority deciding to grant planning permission for retention of marquees in grounds of listed building for period of five yearsPermission as granted erroneously omitting intended conditions including five-year time limitApplicant for planning permission aware of error but failing to alert planning authorityDecision notice subsequently replaced with backdated decision notice containing conditionsError not becoming apparent to claimant until expiry of five-year periodClaimant seeking to have permission quashedWhether appropriate to grant extension of time to bring claimWhether permission to be quashed Senior Courts Act 1981 (c 54), s 31(6)
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