Like many homeowners, the Duchess of Cornwall has found herself in the unfortunate position of having a next-door neighbour secure planning permission for a development that she opposes, namely a new "granny flat".
During the consultation phase, the Duchess of Cornwall's agent objected to the application on the basis of flood risk and size. Notwithstanding these objections, now that permission has been granted, the Duchess's options for stopping the development are limited to bringing a claim for judicial review. This is because third parties do not have a right to appeal against the grant of planning permission.
In planning judicial review claims the courts assess the process adopted by a council in determining an application, not the merits of that decision. The most common grounds for bringing these types of claim are:
- irrationality: the council failed to exercise its statutory powers reasonably
- illegality: the council went beyond its powers or misdirected itself as to the law
- procedural unfairness: the council did not observe statutory procedures or its duty to act fairly etc.
Carina Wentzel appears in Prime Resi discussing the Duchess of Cornwall's planning battle to thwart permission for her next door neighbour's "granny flat".
Thwarting granny: What the Duchess of Cornwall could do next is available to read on the Prime Resi website via subscription.
Carina is an associate and Christopher a trainee in the real estate team.