Permission for development of flats block granted on site of ice rink — Rebuilding of ice rink stipulated as condition — Council subsequently dropping that condition — Applicant seeking judicial review of decision — Whether application lodged too late — Application dismissed
Planning permission had been granted concerning the redevelopment of land at Cliveden Road, East Twickenham. The land, which consisted of an ice rink and factories, had been purchased by London & Edinburgh Trust with a view to redevelopment as flats. The planning authority in granting permission for flats attached a condition that a new ice rink be built in the borough, so that the consideration of the application was then linked to the provision of a new ice rink.
The applicant, M, who appeared in person, contended therefore that it was to be viewed as part of a redevelopment package which included that condition. Further, the existing rink building was to remain in public use until a replacement was provided. On 23 October 1989 at a planning meeting, conditions for the planning permission were altered: the building of the rink was dropped upon payment to the council of £2.5m. The applicant sought judicial review of the decision. He asked in his application that the decision be quashed and that the council should be required to discharge their statutory duty to provide the amenity of a new ice rink to replace the old one. The application was made out of time.
Held The application was refused.
1. The application had not been lodged until 17 November 1993, more than four years after the planning decision.
2. That speed was vital for judicial review had been emphasised by the Court of Appeal in R v Independent Television Commission, ex parte TV South West The Times, 13 December 1991 and 2 February 1992.
3. Thus, an applicant seeking judicial review had to act with the utmost promptness -in particular where, as in the instant case, the rights of third parties were involved.
4. Quite apart from grounds which might have been arguable on the issue, delay was in itself an overwhelming ground for refusing the application in the present case.
The applicant appeared in person; Alice Robinson (instructed by the solicitor to Richmond London Borough Council) appeared for the planning authority.
Aviva Golden, barrister
