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Court refuses to quash planning permission which was overtaken by subsequent events (Stratton v Enfield LBC)

Published on: 03 March 2022

Table of contents

  • What are the practical implications of this case?
  • What was the background?
  • Legal background
  • Factual background
  • What did the court decide?
  • Case details

Article summary

Planning analysis: In Stratton v Enfield LBC, the court declined to exercise its discretion under section 31(2A) of the Senior Courts Act 1981 (SCA 1981) to quash planning permission for a residential extension, but instead used its general discretion not to grant substantive relief in circumstances where to do so would be academic in light of subsequent events, namely the grant of a second permission at the same site. The judgment provides a useful analysis of the principles of SCA 1981, s 31(2A).

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