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England and Wales High Court (Administrative Court) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Administrative Court) Decisions >> Thornton Hall Hotel Ltd, R (On the Application Of) v Wirral Metropolitan Borough Council  EWHC 560 (Admin) (23 March 2018)
Cite as:  EWHC 560 (Admin),  WLR(D) 188,  PTSR 954
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QUEEN'S BENCH DIVISION
SITTING IN MANCHESTER
Royal Courts of Justice
Strand, London, WC2A 2LL
B e f o r e :
| THE QUEEN on the application of THORNTON HALL HOTEL LIMITED
- and –
|WIRRAL METROPOLITAN BOROUGH COUNCIL
- and –
|THORNTON HOLDINGS LIMITED
Mr Alan Evans (instructed by Wirral Metropolitan Borough Council) for the Defendant
Mr Christopher Lockhart-Mummery QC (instructed by Gateley plc) for the Interested Party
Hearing date: 31st January 2018
ROYAL COURTS OF JUSTICE
STRAND, LONDON, WC2A 2LL
MR JUSTICE KERR
HTML VERSION OF JUDGMENT APPROVED
Crown Copyright ©
Mr Justice Kerr:
"[The LPA] hereby grants Planning Permission for the development specified in the application and accompanying plans submitted by you subject to the following conditions:-"
However, no conditions were then set out in the document (the decision notice). It went on to deal with rights of appeal. It was signed by the LPA's then acting director of the department of regeneration, housing and planning.
"Without prejudice to the provisions of this Part as to the duration, revocation or modification of planning permission, any grant of planning permission to develop land shall (except insofar as the permission otherwise provides) enure for the benefit of the land and of all persons for the time being interested in it."
"it is, as the law has recognised, always possible for a court to be asked to intervene and to quash a decision if it is apparent that that decision was one which was made without proper authority and therefore it was not within the powers of the decision maker to make it."
That passage was cited with approval in Archid v. Dundee City Council  SLT 81, per Lord Glennie at .
Submissions of the Parties
Reasoning and Conclusions