Declaration — Application for outline planning permission in 1946 — Approval recommended by relevant committees — Council approved — Whether decision notice issued — Plans now lost — Declaration in favour of issue of planning permission
In 1946 the predecessor in title to the plaintiff company submitted planning application no 339 to the Kirkburton Urban District Council for consent to develop 60 acres of land at Farbank, Shelley, Yorkshire. The plaintiffs are now the owners of part of this land and sought a declaration that a consent was issued to the 1946 application and that they have the benefit of an outline planning permission for the undeveloped part of the land.
The evidence showed that all the relevant committees of the urban district council recommended the approval of the application and on June 6 1946 the full council approved it. However, there was no evidence of the issue of consent.
Held The declaration was granted.
The full procedure for the consideration and approval of the district council appeared to have been followed. There was support for the conclusion that the consent must have been issued if the history of other applications in 1946 are considered. There was also the more recent history of development being permitted in the area which was consistent with the grant of an outline consent in 1946.
In 1946 the urban district council had a statutory duty under the Town and Country Planning Acts 1932-44 to convey the decision of the council to an applicant for planning permission. The maxim omnia praesumuntur rite et solemniter esse acta applied; a grant of planning permission must be presumed. Although the annexed plan to the original application was now lost, the declaration would be that the permission was for the “development of an estate”.
Harris v Knight
(1890) 15 PD 170 considered.
Michael Harrison QC and Craig Howell Williams (instructed by Hammond Suddards, of Leeds) appeared for the plaintiff; and Kenneth Farrow (instructed by the solicitor to Kirklees Metropolitan Borough Council) appeared for the defendant.
