Carmarthenshire cookery school challenge

R (Eggleston) v Carmarthenshire County Council

This was a successful judicial review against an application for a life skills centre, cookery school and visitor accommodation in the Towy Valley in South Wales.  The claim alleged an unlawful amendment had been made to a planning permission.

The challenge was against an amended decision notice, which was issued by Camarthenshire County Council some 15 months after the original decision notice had been published, without consultation with the planning committee or members of the public. The amended permission had been materially altered to allow the use of the site as a cafe.

The Council consented to judgment following the grant of permission on all grounds by HH Judge Jarman QC sitting as a judge of the High Court. The Council accepted that once planning permission has been granted, a local planning authority has no power to issue a further planning permission unless and until the original planning permission is either revoked or quashed by the Court. The Council therefore conceded that the amended permission was null and void and of no legal effect, and the decision was quashed by way of consent order.

Get in touch

If you have an enquiry and would like to know if we can help, please just call, email or use the quick enquiry form below.