Gavin, R (on the application of) v London Borough of Haringey & Anor, Court of Appeal - Administrative Court, November 05, 2003, [2003] EWHC 2591 (Admin)
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Gavin, R (on the application of) v London Borough of Haringey & Anor, Court of Appeal - Administrative Court, November 05, 2003, [2003] EWHC 2591 (Admin)
Case No: CO/2571/2003
Neutral Citation No: [2003] EWHC 2591 (Admin) IN THE HIGH COURT OF JUSTICEQUEENS BENCH DIVISIONADMINISTRATIVE COURTRoyal Courts of JusticeStrand, London, WC2A 2LLWednesday 5th November 2003Before :THE HONOURABLE MR JUSTICE RICHARDS- - - - - - - - - - - - - - - - - - - - -Between :- - - - - - - - - - - - - - - - - - - - -(Transcript of the Handed Down Judgment ofSmith Bernal Wordwave Limited, 190 Fleet StreetLondon EC4A 2AGTel No: 020 7421 4040, Fax No: 020 7831 8838Official Shorthand Writers to the Court)- - - - - - - - - - - - - - - - - - - - -Mr Robert McCracken QC and Ms Angela Ward (instructed by Gavins (solicitors)) for the ClaimantMr Geoffrey Stephenson (instructed by London Borough of Haringey Legal Department) for the DefendantMr Peter Goatley (instructed by B.P.E. (Solicitors) for the Interested Party- - - - - - - - - - - - - - - - - - - - -JudgmentMr Justice Richards: 1. This is a claim for judicial review of the grant of planning permission by the London Borough of Haringey (``the council'') to Wolseley Centers Limited (``Wolseley'') on 22 September 2000 for a development at 460 Archway Road, Highgate. For reasons explained below, the claim was lodged only on 30 May 2003, over 2½ years after the grant of planning permission. The council and Wolseley opposed permission on the ground of delay, but permission was granted by Elias J after a contested hearing in June 2003. Nevertheless delay and its effects remain at the heart of the case, since both the council and Wolseley accept that the process leading to the grant of planning permission was affected by legal error but submit that relief should be refused pursuant to s.31(6) of the Supreme Court Act 1981 on grounds of substantial hardship or prejudice to Wolseley and detriment to good administration.Factual background2. The site in question runs between a railway yard and Archway Road and is 0.88 hectares in area. It was previously owned by London Underground and leased out for use by a builders' merchant business and a vehicle hire and sales business. In 1999 ownership of the site passed to Wolseley, which then applied for planning permission for what is described in the grant itself as ``redevelopment of the site to provide general building supplies warehouse, sales area, bag and board store, hire centre, plumbing and draining and retail bathroom equipment showroom''. Wolseley's evidence is that the redeveloped site is intended to house an existing Building Center operation, together with a Timber Center, Hire Center, Plumb Center and Drainage Center. The floorspace of the proposed buildings is 2,750 sq.m.3. The claimant lives (and runs a solicitor's office) at 473 Archway Road, directly opposite the southern end of the site. His evidence is that he was unaware of the application for planning permission or of the grant of planning permission until April 2003. 4. According to the council's records, a total of 94 written notices of the application were sent out in November 2000 to occupiers of properties in the area, including the claimant, and to other consultees. The council feels unable, however, to dispute the claimant's evidence that he did not receive any such notice. From the claimant's researches it would appear that some of the notices were sent to non-existent addresses and that in many other cases the notices were not received. It is not necessary to go into the detail of this. Suff...See the full content of this document
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