The High Court in London has quashed planning permission given to Parkdean Holiday Parks more than six years after it was granted due to a mistake that increased the size of park.
The case is unusual because challenges such as this are usually time-barred after six weeks, making this one of the longest retrospective-quashings in case law.
North Devon District Council gave Parkdean planning permission in 2014 allowing it to start the season at its Ruda Holiday Park in Croyde Bay, Devon in February instead of March.
According to a judgment handed down today, the boundaries of the park were mistakenly drawn on the plans and included a service field that had not previously been used for camping.
The mistake was not noticed for some years. However, in 2018 Parkdean was granted a lawful development certificate based on the 2014 permission.
A local residents’ group, Croyde Area Residents Association, has been seeking to get the 2014 permission overturned arguing that the permission was mistakenly given.
What makes the case interesting, the judge, Mrs Justice Lieven, said in her ruling, is that the council, the holiday park and the residents group all agree that the 2014 permission was granted in error and is therefore unlawful.
Parkdean, however, argues the court challenge is out-of-time, so cannot be brought, and the permission must stay.
However, the judge disagreed.
“There is no doubt this claim is brought way outside the six-week time period for judicial review of decisions under the Planning Acts,” she said in her ruling.
She noted that in one case, the court allowed a quashing 5.5 years after the decision.
“The overall period of ‘delay’ here is exceptionally long, some 6.5 years. However, this figure in itself is somewhat misleading.”
She noted that, for the first four years, the error was unnoticed, so the residents’ association can be excused for not challenging it. When it was uncovered, their lawyers argued that the error did not have the effect that Parkdean claimed it had. Therefore seeking to quash the permission would be illogical.
“This is in my view a unique and exceptional case. That is because the factors on both sides of the balance are extreme. The starting point is that the extension sought is over six years, an exceptionally long time for such a challenge and for any judicial review,” she said.
However, “The overriding factor in my view is the harm that would flow from upholding the planning permission. The site is in the AONB in a highly prominent location. The visual material shows the impact if only the Service Field was developed, but the even greater harm if the whole of the red line application site was developed.”
“Therefore, taking all the relevant factors into account… I consider this to be an exceptional and indeed unique case in which it is appropriate to extend time and to quash the 2014 permission.”
Croyde Area Residents Association and North Devon District Council v Parkdean Holiday Parks Ltd
Administrative Court (Lieven J) 19 March 2021
Mr Richard Turney and Mr Alex Shattock (instructed by Richard Buxton Solicitors) for the claimant
Mr Peter Wadsley (instructed by North Devon District Council) for the defendant
Mr James Maurici QC and Ms Heather Sargent (instructed by Herbert Smith Freehills LLP) for the interested party
