Ling (Bridlington) Ltd. & Ors, R (on the application of) v East Riding of Yorkshire Council, Court of Appeal - Administrative Court, June 01, 2006, [2007] JPL 396,[2006] EWHC 1604 (Admin)
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Ling (Bridlington) Ltd. & Ors, R (on the application of) v East Riding of Yorkshire Council, Court of Appeal - Administrative Court, June 01, 2006, [2007] JPL 396,[2006] EWHC 1604 (Admin)
SMITH BERNAL WORDWAVE
CO/7150/2005 Neutral Citation Number: [2006] EWHC 1604 (Admin)IN THE HIGH COURT OF JUSTICE QUEEN'S BENCH DIVISION THE ADMINISTRATIVE COURT Royal Courts of Justice StrandLondon WC2 Thursday, 1st June 2006 B E F O R E:SIR MICHAEL HARRISON - - - - - - -THE QUEEN ON THE APPLICATION OF LING (BRIDLINGTON) LIMITED & ORS(CLAIMANT)-v- EAST RIDING OF YORKSHIRE COUNCIL(DEFENDANT) - - - - - - -Computer-Aided Transcript of the Stenograph Notes of Smith Bernal Wordwave Limited190 Fleet Street London EC4A 2AGTel No: 020 7404 1400 Fax No: 020 7831 8838(Official Shorthand Writers to the Court) - - - - - - -MISS J WIGLEY (instructed by HAMMONDS) appeared on behalf of the CLAIMANT MR S HOCKMAN QC & MISS M THOMAS (instructed by COUNCIL'S LEGAL DEPARTMENT) appeared on behalf of the DEFENDANT MR M EDWARDS appeared on behalf of the INTERESTED PARTY- - - - - - -J U D G M E N T 1. SIR MICHAEL HARRISON: Introduction 2. This is an application for judicial review to quash two planning permissions and a resolution to grant a planning permission, all of which related to development on the seafront at Bridlington in the East Riding of Yorkshire. The first planning permission relates to the erection of a 34 metre high observation wheel ("the wheel permission"). The second planning permission relates to a change of use to a fun park and erection of a retaining wall ("the fun park permission"). The resolution to grant planning permission relates to the erection of a restaurant class 3, an arcade and a terrace area ("the arcade resolution").3. The sites of all three proposed developments lie between the Royal Prince's Parade and the Esplanade to the north of the Floral Pavilion in an area generally devoted to leisure uses. The applicant for planning permission (the Interested Party in these proceedings) was Harrison Leisure Limited who own and control a number of leisure uses in the immediate area known as North Sands Fun Park. The four claimants also operate amusement arcades and leisure uses within the adjoining area. They also own some flats on the other side of the Esplanade, most of which are occupied by those involved with their businesses. The defendant is the planning authority for the area.4. The Interested Party submitted the three planning applications in March 2005. The wheel application and the fun park application were first considered by the defendant at a meeting of the Northern Area Planning Sub-Committee on 18th April 2005, when the applications were deferred and delegated for approval subject to no objections raising new issues being received by the end of the consultation period. Following receipt of new issues being raised by objectors, including the claimants, the two applications were considered by the Eastern Planning Sub-Committee on 23rd May 2005 with an officer's recommendation for approval but they were again deferred, this time for a site visit.5. At the same meeting, the third application,...See the full content of this document
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