R (on the application of Loader) v Rother District Council

Town and country planning – Permission for development. The claimant sought judicial review of the defendant local planning authority's grant of planning permission for the development of 39 private sheltered apartments for the elderly with associated communal facilities. The Administrative Court, in dismissing the application, held that the authority had failed to comply with its statutory duty to notify English Heritage of the application and to send it a copy of each of the required notices. However, there was no doubt that the decision would have been the same had English Heritage responded on the application as a result of notification and the discretion not to quash the decision would be exercised.

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