Purpose

To approve the delegated decision to bring proceedings as attached at Appendix 1. 

Decision

RESOLVED to approved the delegated decision to bring proceedings as attached as Appendix 1. 

Reasons for the decision

(1) UDC had resolved to refuse planning permission for the Proposal in accordance with the reasons provided in the Officer Report.

(2) However, the Notice states that planning permission has been granted, despite the Notice containing reasons for refusal in place of conditions.

(3) The Notice granting planning condition was issued by way of an administrative error and is a nullity and/or invalid.

(4) The Applicant has been informed of UDC’s error and not been prejudiced by the error.

(5) UDC has no power to withdraw the grant of planning permission dated 24 April 2026 and accordingly applies for judicial review for it to be quashed for being invalid and/or a nullity and/or void for uncertainty.

(6) The Council did not have the power to issue the Second Notice once the Notice had been issued such that the Second Notice should also be quashed by the Court.

Proceedings must be brought because:

(1) The Planning Decision Notice (DN) was issued in error and is therefore a nullity

(2) The DN is void for uncertainty

(3) Notice 2 was issued ultra vires

Alternative options considered

Not to bring the proceedings to quash permission.