R (on the application of Hulme) v West Devon Borough Council

Town and country planning – Permission for development. The claimant sought judicial review of the decision of the defendant local planning authority to discharge a condition of the planning permission for a nine-turbine wind farm. The Administrative Court, in dismissing the application, held that the authority had not acted unlawfully in discharging the condition and the claimant had no expectation of consultation. Further, no exceptional circumstances had existed which had led to the conclusion that the authority had acted so unfairly as to have abused its powers.

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